City of Horseshoe Bay, TX Zones and Classifications

The following restrictions and standards apply to all property in all zones, except as otherwise specifically provided herein:

No air-conditioning unit or evaporative cooler shall be placed upon or above the roof of any dwelling or other building except and unless the same is architecturally concealed from view.

No mooring, pier, dock, or other device for swimming or boating shall be erected or installed except in accordance with the requirements of the appropriate lake authorities and any regulations set out herein.

Except those located in the M-1 classification and in the city’s Slick Rock Public Works Maintenance Complex, located at 7709 FM 2147 West, all structures must have exterior walls of at least fifty percent (50%) masonry on the surface of the walls excluding door frames and window frames. The exterior portion of all walls that are not masonry shall be painted or stained immediately upon completion or shall have color mixed in the final structural application, excepting acceptable woods that are commonly used without such finishes, so that all such materials shall have a finished appearance. No plywood, pressboard, particle board, vinyl or similar type of material shall be used on any exterior wall or [of] any structure.

No liquefied petroleum gas, propane, or butane container or other tank used for the storage of gases or liquids for fuel shall be placed on any lot unless the same is architecturally concealed from view.

Except those lots located in the M-1 classification of Zone 4B Horseshoe Bay South, no fence, wall, or hedge shall be constructed on any lot nearer to any front street than is permitted for the house or building on said lot. No fence, wall exceeding seven feet (7') in height shall be built on any lot. Height is measured from the top of the wall or capping stone to the finished grade directly below the wall.

Decorative electric yard lights shall not exceed six and one-half feet (6.5') in height and shall be maintained in a manner so that the light shall burn all night every night.

All utilities and utility service on all lots shall be installed underground and no above-surface utility wires will be installed on any lot outside any structure, unless otherwise provided on any approved plat or plats filed of record covering such lot.

Where an organized sewage system is made available to any lot on which a structure is located or being constructed, it is required that the structure be connected to and use such system.

Drainage structures shall always have a net drainage opening area of sufficient size to permit free flow of water without backwater and subject to the City of Horseshoe Bay Drainage Criteria Manual.

No mobile home, recreational vehicle, tent, lean-to, shack, or other temporary structures of any nature shall be used for occupancy, except as may otherwise be provided herein. The owner of any lot shall provide appropriate space for off-street parking for the owner’s vehicles.

Within easements reserved, as shown on an applicable plat, no structure, fence, planting, or other material shall be placed or permitted to remain which might damage or interfere with the installation and maintenance of utilities or which might change the direction of flow of drainage in the easements or channels which might obstruct or retard the flow of water through drainage easements or channels.

In relation to oil, gas, and minerals, no mining, exploring, drilling, development, refining, quarrying, or other operations of a related nature shall be permitted upon or in any lot.

Maximum building size.

In all zones except for property in zone 12 Summit Rock along Hwy. 71, the maximum building size for any building, except clubhouses in any classification is fifteen thousand (15,000) square feet.

Projects larger than 15,000 square feet require a variance from the board of adjustment.

The following sections for area of building are hereby deleted:

Section 14.02.406(j)(2)(C).

Section 14.02.407(d)(2)(D) [sic].

Section 14.02.411(e)(2)(D).

Section 14.02.412(e)(2)(D).

Section 14.02.414(d)(10)(B)(iii).

Editor's note–The sections listed above were omitted from the code pursuant to Ordinance 2019-21 adopted 3/19/19.

Supplemental regulations.

Fire lanes.

This section requires compliance with chapter 5, Fire Service Features, of the City of Horseshoe Bay current adopted International Fire Code.

Measuring setbacks.

All setback measurements shall be made in accordance with Illustrations 1, 2, and 3 within appendix A [B].[1]

[1]

Editor's Note: Appendix B is included as an attachment to this exhibit.

Flag lots will not be allowed within commercial zones. Flag lots will be allowed in residential zones at a maximum of ten percent (10%) of the entire subdivision.

(Reserved)

Shared access driveway easements are permitted. Development services will review access easements as part of the platting and development process.

Separation standards.

All nonresidential main structures, except those classified C-2 and on larger than one-half (1/2) acre lots, shall be separated by a distance of not less than ten feet (10') unless an approved firewall is constructed. To the extent this provision conflicts with the fire code of the city, the more restrictive provision shall prevail.

Setback from a cemetery.

No building or paving shall be placed closer than ten feet (10') from any cemetery.

Front yard standards and measurements.

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and rear yards in the case of single-family uses shall be identified and the front of the structure shall not face the side or rear yard.

Where the frontage on one side of a street between two intersecting streets is divided by two (2) or more zones, the front yard shall comply with the requirements of the most restrictive zone for the entire frontage.

The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms, or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. See Illustration 1 within appendix B.[2]

[2]

Editor's Note: Appendix B is included as an attachment to this exhibit.

Minimum lot widths for lots with predominant frontage on the curved radius of a street, including those located on a cul-de-sac or “eyebrow” portion of a street, shall be measured as the linear distance of the curved front building line, and shall be as shown on the subdivision plat. Lot widths for all lots shall be as set forth in the respective zone for each lot.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

Side yard standards and measurements.

On a corner lot used for single-family dwellings, both street exposures shall be treated as front yards on all lots platted after the initial date of the adoption of the city zoning ordinance, June 20, 2006 except that where one street exposure is designated as a side yard for both adjacent lots or where the two lots are separated by a street right-of-way, creek or floodplain area, or other similar phenomenon. In such case, a building line may be designated by the development services manager with a minimum side yard of fifteen feet (15') or more, as determined by the applicable zone standards. On lots which were official lots of record prior to the effective date of this article, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective zone.

Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side yard, and roof eaves projecting not to exceed thirty-six inches (36") into the required side yard. Air-conditioning compressors and similar equipment are permitted in the side yard.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

Minimum flooring area per unit area.

Minimum dwelling unit areas specified in this article shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.

Open storage areas.

Open storage of materials, commodities, or equipment, where allowed in the specific zone, shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display.

Sight visibility.

Visual clearance shall be provided in all zones so that no fence, wall, architectural screen, earth mounding, or landscaping thirty inches (30") or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street or driveway intersection as follows:

At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions.

Shrubs and hedges that are typically less than thirty inches (30") in height at maturity, as measured from the centerline of the street, may be located in the visual clearance areas of all zones.

A limited number of single-trunk trees having a clear trunk (branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are spaced and positioned such that they will not produce a visibility inhibiting, “picket-fence” effect when they attain mature size.

When any R-2 zoned lot with an existing duplex is replatted into two lots in accordance with division 6 of article 10.03, such replatted lots shall be considered as one lot for zoning purposes.

Residential accessory buildings as defined in this article must comply with the following standards:

Accessory buildings may not occupy more than fifty (50) percent of the required rear yard, which for all classifications in all zones, except as listed in subsections (i) through (vi) below, is fifteen (15) feet. In addition, all accessory buildings in all classifications in all zones must be located at least 10 feet from the main building, must not exceed a maximum height of fifteen (15) feet, except for those in Zone 5 Bay Country, which may be the same height as the principal residence on the lot provided all setback requirements are met, and may not be located in the side or front setbacks except as otherwise provided below:

In Zones 1, 2, 3, 4A, 4B, 6 and 8 a 25-foot rear setback in the A-1 classification;

In Zones 3, 4A, 4B, 5, and 10 a ten (10) foot rear setback in the GUI classification, except when located adjacent to residential classifications when it is twenty-five (25) feet;

In Zone 5 a 25-foot rear setback in the RR classification;

In Zone 9 Escondido a ten (10) foot rear setback in the R-1 Villa classification, and a 25-foot rear setback in the R-1 classification and the Lago Estate classification.

In Zone 10 Siena Creek a sixty (60) foot rear setback for lots zoned R-1 Single-Family Residential.

In Zone 11 The Trails a fifty (50) foot rear setback in all classifications except as follows:

Waterside Lots 18-1A, 18-2A, and Phase 2 Lots 54-57 is as shown on the plat;

Morning Star, Kelley and Alexis Lane Villas and Trails Point-Megan Lane a ten (10) foot rear setback.

In Zone 4B M-1 Manufactured Home Classification, accessory buildings are permitted to abut the main building and are permitted within 5 feet of the rear or side lot line.

Guest houses or studios can be above a garage.

No accessory building shall be used for storage, except in any classification in Zone 5 Bay Country and in the M-1 Classification in Zone 4B Horseshoe Bay South where the maximum size of the structure shall not exceed ten (10) feet by twelve (12) feet, unless a variance is requested from and approved by the Board of Adjustment.

Golf cart storage garages are an accessory structure in all residential classifications.

(15)

Residential accessory structures as defined in this article must comply with the following standards:

When a bulkhead or retaining wall is used to stabilize an excavation into existing grade on a sloping site greater than six (6) feet, then the maximum height shall be as established through a grading permit.

Uncovered decks and uncovered porches which exceed eighteen (18) inches above the finished grade may project:

Eighteen (18) inches into interior side yard setbacks, and

Five (5) feet into the front/rear yard setback;

Uncovered decks and uncovered porches not exceeding eighteen (18) inches above the finished grade may project:

Eighteen (18) inches into interior side yard setbacks;

Ten (10) feet into the rear setback, or no more than twenty-five (25) feet into Lake LBJ for waterfront lots in all subdivisions except Zone 1 Applehead, where it can project thirty (30) feet, and Zone 7 The Peninsula, where it can project 50 feet; and

Ten (10) feet into the front yard setback, except in the M-1 zoning district.

(Reserved)

Enclosures are not to exceed six (6) feet in height from grade and are not to be constructed with any type of roofing.

Wooden privacy enclosures are permitted in the M-1 classification in Zone 4B Horseshoe Bay South, in Zone 15 Airport and in the GUI Governmental Utility and Institutional classification in any zone.

Enclosures for pool equipment must screen from view all surrounding properties. The pool equipment enclosure must be opaque. Screening with plant material must be large enough at time of planting to form a solid hedge; architectural screening must be of material and color that is complementary to the house.

Pool enclosures must meet all of the State of Texas insurance requirements, as well as building and safety codes.

Wood decking or recyclable wood/plastic products are prohibited as pool enclosure materials.

No fence is to be placed on top of a bulkhead or wall on the water side of waterfront lots.

Fences do not have to be attached to the main building, must not exceed seven (7) feet in height, except in Zone 10, Siena Creek where eight (8) feet is permitted, and may be of any manufactured materials approved by the appropriate subdivision’s architectural control committee, but cannot be chainlink, wooden privacy, cyclone, barbed wire or hurricane-type fence, except in the M-1 classification in Zone 4B Horseshoe Bay South where wooden privacy fences and picket-type fences are also permitted and in Zone 15 Airport and in the GUI Government Utility and Institutional classification in any Zone. Split rail cedar fences are permitted in Zone 3 Horseshoe Bay West, Zone 4A Horseshoe Bay and Zone 4B Horseshoe Bay South. Three-rail white vinyl fencing is permitted in Zone 5 Bay Country.

No fences or walls are permitted in the front yard setback. A fence or wall may be located in the side or rear yard setback, and a wrought iron fence may be located along the side yard up to the front yard setback, except in Zone 9 Escondido, where walls and fences may encroach into the front yard setback if approved by the architectural control committee, and in Zone 4B Horseshoe Bay South where picket-type fences may be located within the front yard setback for lots zoned M-1 Manufactured Homes.

When a side or rear yard fence is to be built along a sloping grade, the maximum seven (7) foot height may be averaged in stepped segments to allow the fence to follow the natural rise and fall of the slope. However, under no circumstances shall any portion of the fence exceed eight (8) feet above finished grade, except as allowed on an approved plat.

(N)

Outdoor fireplaces must have a minimum ten foot (10') setback from side and rear property lines. A side yard adjacent to a street shall observe the same setback as the main building.

(O)

Outdoor fireplaces may be attached to the main structure, however must provide a minimum three foot (3') clearance above the roofline and two foot (2') clearance above all structures within ten feet (10') of the fireplace chimney.

(P)

Screened filter and heating systems for swimming pools may encroach into a side or rear yard setback.

(Q)

Spas require a fence or cover.

(R)

Structures shall be screened with either plantings or an enclosure which are unified and harmonious with the overall architectural theme of the principal building.

(S)

Screening of structures shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics.

(T)

Swimming pools do not have to be attached to the main building and may be located in any side or rear yard, and may only be located in a side or rear utility easement where there are no utilities and where there is no need for utilities in the future. In-ground pools, including “Negative Edge” pools are permitted. Permanent on-site constructed above-ground pools with one hundred percent (100%) earth, stone or stucco enclosures for all sides above grade are permitted, except as otherwise restricted in Zone 9 Escondido, Zone 10 Siena Creek and Zone 11 The Trails. Exposed pool foundations, pool skirting or patio foundation must be constructed of the same masonry material as the single-family residence constructed on the lot or materials that are harmonious with the overall architectural nature of the primary residence thereon.

(U)

Rear yard setbacks for waterfront lots in all zones. Rear setbacks for waterfront lots are zero (0) feet, where no setbacks are shown on the plats for those lots.

(V)

Retaining walls maybe utilized to resist the lateral displacement of soils and other materials in the front yard setback. The retaining wall shall not exceed thirty (30) inches in height, measured to top of wall or capping stone, and shall be terraced with minimum 4 ft width planting terrace, stepped, or landscaped to finished grade.

Acceptable materials for retaining walls include concrete or masonry block with stucco, natural stone, and heavily textured masonry block. If stone is used, a pattern consistent with the architectural style of the home, and structural in appearance, is required.

(16)

Roof construction.

No building constructed on any lot shall be designed and constructed so that at any point the horizontal and level distance from the outside of the exterior walls to the nearest point on the perimeter line of the roof (the “roof overhang”) is less than twelve inches (12"). All roofs on buildings and structures on any lot shall be clay or concrete tile or standing seam metal with no visible screws or fasteners, and shall be properly installed on a suitable slope, and asphalt, asbestos, wood and/or fiberglass shingles shall not be permitted. No flat roofs and/or tar and gravel roofs shall be permitted on any building or structure constructed on any lot.

(17)

Fireplaces.

The exposed exterior surface of all fireplaces and/or chimneys shall be of masonry construction, and no wood or metal exteriors shall be permitted.

(18)

Electrical power.

No source of electrical energy shall be brought to any lot or used upon any lot unless and until the city has issued a building permit for the erection of the permanent improvements to be located on said lot.

(19)

Occupancy of structures.

No structure shall be occupied or used for the purpose for which it is designed or built or for any other purpose until a certificate of occupancy has been issued by the development services department.

(20)

Covering the exposed concrete foundation on a new residence.

Every new residence constructed commencing with the date of approval of this section is required to only have a maximum of twelve (12) inches of height of exposed concrete foundation above the level of the ground. Any residence that exceeds this amount will be required to cover the concrete with the same material shown covering it on the building permit plans.

(21)

Dumpster screening. All dumpsters must be screened on three (3) sides using durable materials which complement the building.

Image Corridor Overlay District. The Horseshoe Bay Image Corridor Overlay District is to exercise greater control of the aesthetic, functional, and safety characteristics of the development along RM 2147 and SH 71 through the City of Horseshoe Bay. The Image Corridor Overlay District regulations and guidelines are detailed in appendix A, attached [to Ordinance 2023-19] and incorporated herein for all intents and purposes.

(Ordinance 07-09-18E, sec. 3.2, adopted 9/18/07; Ordinance 08-03-11C, sec. II, adopted 3/11/08; Ordinance 08-04-15A, sec. II, adopted 4/15/08; Ordinance 08-10-21B, sec. II(c), adopted 10/21/08; Ordinance 08-10-21B, sec. II(d), adopted 10/21/08; Ordinance 09-08-25F, sec. II(a)–(b), adopted 8/25/09; Ordinance 09-12-15B adopted 12/15/09; Ordinance 11-12-13B adopted 12/13/11; Ordinance 14-01-21B, sec. II, adopted 1/21/14; Ordinance 2018-12 adopted 5/15/18; Ordinance 2019-21, sec. IX, adopted 3/19/19; Ordinance 2019-21, sec. VII, adopted 3/19/19; Ordinance 2019-21, sec. XI, adopted 3/19/19; Ordinance 2021-12, sec. VI, adopted 4/13/21; Ordinance 2021-12, sec. VII, adopted 4/13/21; Ordinance 2021-12, sec. VIII, adopted 4/13/21; Ordinance 2021-17, sec. V, adopted 5/18/21; Ordinance 2021-17, sec. VI, adopted 5/18/21; Ordinance 2021-17, sec. VII, adopted 5/18/21; Ordinance 2021-17, sec. VIII, adopted 5/18/21; Ordinance 2021-36, sec. VII, adopted 9/21/21; Ordinance 2022-09 adopted 3/15/22; Ordinance 2023-19 adopted 3/21/2023; Ordinance 2023-18 adopted 4/4/2023)

§ 14.02.403 Home occupation regulations.

Purpose.

Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.

Special provisions for home occupations.

Home occupations shall be permitted as accessory uses in single-family residential zones provided that they comply with all restrictions herein;

The home occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;

Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding twenty percent (20%) of the combined gross floor area of the dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed five hundred square feet (500'));

The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs;

Not more than two (2) patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located;

The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities;

One commercial vehicle, capacity of one ton or less, according to the manufacturer’s classification, may be used, or parked behind the front building line on the property, in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential zone, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer’s classification;

The home occupation use/activity shall take place primarily within the dwelling, and there shall be no outside storage, including trailers, or outside display related to the home occupation use;

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;

The home occupation shall not generate noise, vibration, glare, fumes or odors, heat, or electrical interference beyond what normally occurs within a residential zone;

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio or visual means;

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made or assembled on-site, including arts and crafts items and handmade clothing; and

(15)

The occupation shall not be harmful or detrimental to the health, welfare, and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property, and recreation by residents of the area.

Applicability of other regulations.

Home occupations shall also be subject to any and all other provisions of local, state, and federal regulations and laws that govern such uses.

Uses allowed as home occupations.

Home occupations may include the following uses:

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, physician, chiropractor, realtor, broker, or similar profession;

Author, artist, or sculptor;

Dressmaker, seamstress, or tailor;

Music or dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than six (6) pupils at a time;

Individual tutoring and home schooling;

Office facility of a minister, rabbi, priest, or other clergyman;

Home crafts, such as rug weaving, model making, etc.;

Office facility of a salesman or a sales or manufacturer’s representative, provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

Repair shop for small electrical appliances, cameras, watches, clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

Food preparation establishments such as cake making, decorating, or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all state and local health regulations;

Registered family homes, in compliance with applicable state laws, which are incorporated herein by reference, with no more than six (6) children or adults;

Barbershop or beauty salon or manicure studio, provided that no more than one customer is served at a time; and

Swimming lessons and water safety instruction provided that such instruction involves no more than six (6) pupils at any one time.

Uses prohibited as home occupations.

Home occupations shall not, in any event, be deemed to include the following uses:

Animal hospitals or clinics, commercial stables having more than two (2) horses per acre or kennels;

Restaurants or sites allowing on-premises food or beverage, including private clubs, consumption of any kind, except for limited food or meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;

Automobile or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

A home occupation shall not involve the conduct of general retail or wholesale business, manufacturing or a commercial food service requiring a license; except for limited on- premises sale of items associated with fine arts or crafts made on the premises, by appointment only; or except for occasional home parties for sale of make-up, jewelry, food items, clothes, etc.;

Commercial clothing laundering or cleaning;

Mortuaries or funeral homes;

Trailer, vehicle, tool, or equipment rentals;

Repair shops for any items having internal combustion engines; and,

Any use that would be defined by the International Building Code as an assembly, factory or industrial, hazardous, institutional or mercantile occupancy.

Home occupation uses not classified herein.

Any use that is neither expressly allowed nor expressly prohibited is considered prohibited, unless and until such use is classified by amendment to this article by the city council.

(g)

Effect of [article] on existing home occupations.

Any home occupation that was legally in existence as of the effective date of this article and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of this article provided that the owner or proprietor of such nonconforming home occupation registers his or her business with the city development services department within ninety (90) days of the effective date of this article, and provided that the home occupation use was not in violation of any other local, state, or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this article shall be required upon registration.

Any home occupation that was legally in existence as of the effective date of this article and that conforms to the provisions herein shall be hereby authorized to continue.

(Ordinance 07-09-18E, sec. 3.3, adopted 9/18/07; Ordinance 12-04-17C adopted 4/17/12)

§ 14.02.404 Zone 1 Applehead Island.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within Zone 1 classified as residential (R-1, R-2):

Spaces between building.

Where more than one building or multiple dwelling is located on any lot, the following spaces and passageways shall be provided and maintained:

There shall be at least ten (10) feet between every single-family dwelling, two-family dwelling, multiple dwelling, and any other building on the same lot. These regulations do not apply to required spaces between accessory structure and other buildings on the same lot, as otherwise provided herein.

There shall be a passageway at least ten (10) feet in width extending from a street to one entrance of each dwelling unit in a multiple dwelling, unless there is an entrance to the dwelling unit open onto the street or into a hallway opening onto the street.

Where dwellings or group dwellings are arranged around a court, the average width of the court may serve as the passageway for rear buildings or as the space between buildings.

Side yard setback - reverse corner lots.

In the case of a reverse corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirement for the lot and a setback of not less than the front yard requirement in the rear of such corner lot.

The following provisions shall be applicable to land within Zone 1 classified as R-1 Single-Family Residential:

Uses permitted.

Single-family dwellings;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot, except that the maximum building height for lots contiguous with the shoreline shall be thirty-five (35) feet above the highest natural contour of the applicable lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

Front yard setback shall conform to a minimum depth of twenty-five feet (25') from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces;

A principal structure shall provide total side yard setback of not less than fifteen feet (15') with not less than five feet (5') on one (1) side. Corner lots shall maintain a minimum setback of twenty-five feet (25') from the side street line.

Except as provided below, a rear yard shall be maintained of at least fifteen feet (15') from the rear lot line to the nearest building line.

Structures on any waterfront lot may be located at the shoreline. No structure, other than docks, may be located below the shoreline.

Maximum area of dwelling:

Notwithstanding uses otherwise permitted herein, no more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

All dwellings shall have not less than 3,000 square feet of living area, excluding carport, garage, covered porches, covered contiguous patios, or other similar attachments, unless otherwise provided herein.

Garages and carports.

All lots shall provide for at least one garage of no less than 500 square feet per dwelling unit and such structure shall be connected to the main structure. The connection may be by breezeway. Each garage shall be equipped with a garage door.

The following provisions shall be applicable to all land within Zone 1 classified as A-1 Recreational:

This classification is intended to establish and preserve attractive recreational facilities including golf course, driving ranges, natural or artificial hazards for the game of golf, tennis court, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.

Uses permitted.

Tennis courts, related facilities or clubhouses.

Swimming pools, related facilities or clubhouses.

Property owners’ association facilities and meeting facilities.

Parks.

Accessory structures and uses incidental to the foregoing.

Minimum lot dimensions.

Area (minimum) subject to approval by city.

Depth (minimum) subject to approval by city.

Width (minimum) subject to approval by city.

Lot coverage (percentage) subject to approval by city.

Minimum building setbacks.

Streets: 25'.

Side: 10' except a minimum of 40' for any side(s) that adjoin residential classifications.

Rear: 25'.

(Ordinance 07-09-18E, sec. 3.4, adopted 9/18/07; Ordinance 2021-17, secs. II, IX–X, adopted 5/18/21; Ordinance 2021-36, sec. VIII, adopted 9/21/21)

§ 14.02.405 Zone 2 Applehead.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within Zone 2 classified as R-1 Single-Family Residential:

Uses permitted.

Single-family dwellings;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

Front yard setback shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces;

A principal structure shall provide a total side yard setback of not less than fifteen (15) feet, with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line; and

Except as provided below, a rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

Notwithstanding uses otherwise permitted herein, no more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

All residences shall have not less than:

2400 square feet of living space for all golf course lots, those lots contiguous with any portion of the golf course, including a fairway, as well as the second row of lots back from the golf course as described as follows. The term “second row of lots” as used herein shall mean all lots which are not contiguous with but which either adjoin lots contiguous with the golf course or which are across the street from lots which are contiguous with said golf course, as the case may be; and

2000 square feet of living space for all other lots.

Garages and carports.

All lots shall provide for at least one garage of no less than 450 square feet per dwelling unit and such structure shall be connected to the main structure. The connection may be by a breezeway.

The following provisions shall be applicable to all land within Zone 2 classified as R-1, R-4 or GH residential:

Spaces between buildings.

Where more than one building or multiple dwelling is located on any lot, the following spaces and passageways shall be provided and maintained:

There shall be at least ten (10) feet between every single-family dwelling, two-family dwelling, multiple dwelling, and any other building on the same lot. These regulations in this subsection (1) do not apply to required spaces between accessory structures and other buildings on the same lot, which requirements are otherwise provided for herein.

There shall be a passageway as elsewhere herein defined at least ten (10) feet in width extending from a street to one entrance of each dwelling unit in a multiple dwelling, unless there is an entrance to the dwelling unit open onto the street or into a hallway opening onto the street.

Where dwellings or group dwellings are arranged around a court, the average width of the court shall not be less than twenty (20) feet. Such court may serve as the passageway for rear buildings or as the space between buildings.

Side yard setback - reverse corner lots.

In the case of a reverse corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirements for the lots in the rear of such corner lot.

The following provisions shall be applicable to land within Zone 2 classified as GH Garden Home:

Uses permitted.

Single-family dwellings that meet the requirements of the R-1 classification.

Garden Homes

Accessory structures necessary to such use located on the same lot.

Maximum building height.

The maximum building height shall be 32 feet above the highest natural contour of the applicable lot.

Minimum yard requirements.

Front yard setbacks shall conform to a minimum depth of 20 feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces.

A principal structure shall provide total side yards of not less than 5 feet on each side of the lot. Corner lots shall maintain a minimum setback of 15 feet from the side street line.

A rear yard shall be maintained of at least 15 feet from the rear lot line to the nearest building line.

Minimum dwelling unit size.

1600 square feet of living space, excluding carport, garage, covered porches, and contiguous patios.

The following provisions shall be applicable to land within Zone 2 classified as R-4 Multiple Residential:

Uses permitted.

Any use permitted in the R-1 and GH areas;

Multiple-family dwellings, apartment houses, townhouses, and/or individually owned cottages as herein defined, or condominiums;

Accessory buildings and structures necessary to such use located on the same lot.

Maximum building height.

Two levels not to exceed thirty-five (35) feet from the highest natural contour line of the applicable lot.

Minimum yard requirements.

Except where there is specifically called out on the plat, which specification shall control, the following shall apply:

Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front property line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces;

A side yard setback shall be maintained of at least five (5) feet in depth from all side property lines to the building line of any structure. Corner lots shall maintain a minimum setback of twenty-five (25) feet wide from the side street line; and

A rear yard shall be maintained of at least fifteen (15) feet from the property line to the nearest building line.

Maximum area of dwelling.

Notwithstanding uses permitted herein, no more than sixty-five percent (65%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

1,500 square feet. An option is allowed for up to 20% of the units to be a minimum of 1,000 square feet.

Parking regulations.

All multifamily dwellings or structures must provide a minimum of two (2) parking spaces for each dwelling unit or apartment. Such parking spaces shall be ten feet (10') wide and twenty feet (20') long. Under no circumstances will any parking be permitted within the setback areas adjacent to streets or on the streets.

The following provisions shall be applicable to all land within Zone 2 classified as A-1 Recreational:

This classification is intended to establish and preserve attractive recreational facilities including a golf course, driving ranges, natural or artificial hazards for the game of golf, tennis courts, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.

Uses permitted.

Golf courses, including tees, fairways, driving range, golf greens, natural and artificial hazards, golf cart repair and servicing facilities, and golf course maintenance facilities;

Tennis courts, related facilities or clubhouses;

Swimming pools, related facilities or clubhouses;

Property owners’ association facilities and meeting facilities;

Parks;

Accessory structures and uses incidental to the foregoing.

Minimum lot dimensions.

Area (minimum) subject to approval by city.

Depth (minimum) subject to approval by city.

Width (minimum) subject to approval by city.

Lot coverage (percentage) subject to approval by city.

Minimum building setbacks.

Streets: 25'.

Side: 10' except a minimum of 40' for any side(s) that adjoin residential classifications.

Rear: 25'.

(Ordinance 07-09-18E, sec. 3.5, adopted 9/18/07; Ordinance 2019-06, sec. II, adopted 11/13/18; Ordinance 2021-17, secs. II, XI–XII, adopted 5/18/21; Ordinance 2021-36, sec. IX, adopted 9/21/21)

§ 14.02.406 Zone 3 Horseshoe Bay West, Zone 4A Horseshoe Bay Proper and Zone 4B Horseshoe Bay South.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within Zones 3, 4A and 4B regardless of classification:

Spaces between buildings.

Where more than one building or a multiple dwelling is located on a lot, the following spaces and passageways shall be provided and maintained:

There shall be at least ten (10) feet between every single-family dwelling, two-family dwellings, multiple dwelling and any other building on the same lot. These regulations do not apply to required spaces between accessory structures and other buildings on the same lot, which requirements are otherwise provided for herein.

Where dwellings or a group of dwellings are arranged around a court, the average width of the court shall not be less than twenty (20) feet. Such court may serve as the passageway for rear buildings or as the space between buildings.

Side yard setback - reverse corner lots.

In the case of a reverse corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirements for the lots in the rear of such corner lot.

No visible flat roofs shall be permitted on any building or structure constructed on any lot.

The following provisions shall be applicable to all land within Zones 3 and 4A classified as R-1 Single-Family Residential:

Uses permitted.

Single-family dwellings;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces.

A principal structure shall provide total side yards of not less than fifteen (15) feet with not less than five (5) feet on one (1) side, except that lots located on Lighthouse Drive shall provide total side yards with not less than five (5) feet on each side. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line.

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

No more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

All residences located in Zone 3 Horseshoe Bay West and Zone 4A - Horseshoe Bay Proper shall require not less than the following number of square feet, excluding carport, garage, covered porches, covered contiguous patios, or other similar appendages, on the lots as specified below.

2400 square feet for all lots contiguous with any portion of the golf course including fairway and all lots contiguous with the shoreline of Lake Lyndon B. Johnson, as well as the second row of lots back from the golf course as described above, and the second row of lots back from the shoreline of Lake Lyndon B. Johnson. The term “second row of lots” as used herein shall mean all lots which are not contiguous with but which either adjoin lots contiguous with the shoreline of Lake Lyndon B. Johnson and/or the golf course or which are across the street from lots which are contiguous with said shoreline or the golf course, as the case may be.

1800 square feet for all other lots located in this area.

Minimum dwelling unit size.

All residences located in Zone 4A, South of R.M./F.M. 2147 shall require not less than the following number of square feet.

2400 square feet excluding carport, garage, covered porches, covered contiguous patios or other similar appendages for all lots fronting any portion of the golf course including fairways and the second row of lots from the golf course as described above.

1400 square feet excluding carport, garage, covered porches and contiguous patios, for all lots in “Area 1” located within the boundary of a line beginning at the southeast corner of Lot 1022 and heading northward up Clayton Nolen Boulevard to the northeast corner of Lot 20174, then extending westward to Slick Rock Creek, then following said Slick Rock Creek southerly to the southernmost corner of Lot 27088, then extending westward across High Mesa following the southern boundary of Lot 24159 to the southwest corner of said Lot 24159, then south along the western perimeter of the Horseshoe Bay subdivision to the southwest boundary of Lot 14190, then heading eastward along the southern perimeter of the Horseshoe Bay subdivision to the point of beginning; and lots located in “Area 2” located within the boundary of a line extending from Clayton Nolen Boulevard beginning at the southwest corner of Lot 4109 and extending eastward on Pawnee Street to the intersection of Cheyenne Street, then north to the convergence with Mountain Dew Street, then eastward on Mountain Dew to Horseshoe Creek, then south along said Horseshoe Creek to the southern boundary of the Horseshoe Bay subdivision then westward to the southwest corner of Lot 29060, then north along the eastern boundary of Zone 15, Airport area, to the southeast corner of Lot 29060, then north along the eastern boundary of Zone 15, Airport area, to the southeast corner of Lot 47095-A, then west to the point of beginning.

1800 square feet excluding carport, garage, covered porches, and contiguous patios, for all other lots in this area.

In Zone 4B Horseshoe Bay South, lots classified R-1 Single-Family Residential must have not less than 1200 square feet of ground or first floor area, including carport, garage, covered porches, and contiguous patios, provided that a minimum of 80% of such floor area is enclosed dwelling space. Exterior walls must be at least 50% masonry on the street fronting walls and shall not have less than 30% masonry covering on the total of all exterior walls.

Garages and carports.

All lots shall provide for at least one garage of no less than 400 square feet per dwelling unit and such structure shall be connected to the main structure. The connection may be by a breezeway. Garages in Zone 4B Horseshoe Bay South shall provide at least one garage or carport of no less than 200 square feet.

The following provisions shall be applicable to all land within Zones 3 and 4A classified as GH Garden Home:

Uses permitted.

Single-family dwellings;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

The maximum building height shall be 32 feet above the highest natural contour of the applicable lot.

Minimum yard requirements.

A principal structure shall provide total side yards of not less than 5 feet on each side of the lot. Corner lots shall maintain a minimum setback of 15 feet from the side street line.

A rear yard shall be maintained of at least 15 feet from the rear lot line to the nearest building line.

Minimum dwelling unit size.

1400 square feet excluding carport, garage, covered porches, and contiguous patios. Golf course lots must have a minimum size of 1800 square feet excluding carport, garage, covered porches, and contiguous patios.

Garages and carports.

All lots shall provide for at least one garage or carport of not less than 200 square feet per dwelling unit and such structure shall be connected to the main structure. The connection may be by a breezeway. Garages that are not completely enclosed shall not open directly on the street. All garage and/or carport structures shall be enclosed on at least two sides provided such structures located on corner lots shall be completely enclosed.

The following provisions shall be applicable to all land within Zones 3 and 4A classified as R-2 Two-Family Residential:

Uses permitted.

Any use permitted in the R-1 area that meets the requirements of the R-1 classification.

Duplex.

Accessory structures necessary to such use located on the same lot.

Maximum building height.

The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specifications shall control, the following shall apply:

Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the nearest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.

A side yard setback shall be maintained of at least five (5) feet in depth from all side lot lines to the building line of any structure. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line.

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line, excepting fences, walls and hedges when constructed as provided for in the preceding provisions.

Maximum area of dwelling.

No more than fifty percent (50%) of the total lot area shall be covered by dwellings and other structures.

Minimum dwelling unit size.

All two-family residences shall require not less than 950 square feet of floor area for each unit excluding carport, garage, covered porches, and covered contiguous patios, except that if such two-family residence is located in the areas defined as “Area 1” and “Area 2” under subsection (b)(6)(B) of this section, the enclosed living area in the dwelling portion of each unit shall be not less than 750 square feet, and provided that if such two-family residence is located on an R-2 lot that is situated either contiguous to any portion of the golf course or the shoreline of Lake Lyndon B. Johnson or the second row of lots, as herein before defined, then, and in such event, the enclosed living area in the dwelling portion of each unit shall be not less than 1200 square feet.

Garages and carports.

All lots shall provide for at least one garage or carport of not less than 200 square feet per dwelling unit and such structure shall be connected to the main dwelling. The connection may be by a breezeway. No garage that is not completely enclosed will open directly toward the street. All garage and/or carport structures shall be enclosed on at least two sides, provided such structures located on corner lots shall be completely enclosed.

The following provisions shall be applicable to all land (except those lots discussed in subsection (g) of this section) within Zones 3 and 4A classified as R-4 Multiple Residential:

Uses permitted.

Any use permitted in the R-1 area that meets the requirements of the R-1 classification and any use permitted in the R-2 area;

Multiple-family dwellings and/or apartment houses;

Accessory structures necessary to such use located on the same lot.

Recreational uses as allowed in the A-1 recreational classification.

Maximum building height.

The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.

Minimum yard requirements.

Except where there is specifically called out on an approved plat, which specification shall control, the following shall apply:

A rear yard shall be maintained to at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

Notwithstanding uses permitted herein, no more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

1,500 square feet. An option is allowed for up to 20% of the units to be a minimum of 750 square feet.

Parking regulations.

Zoning of Marina Village.

The zoning regulations contained in herein are conditioned on the following:

Presentation by the owner of Marina Village and submission to the city, prior to commencement of construction of any improvement in Marina Village, of a master development plan to be prepared by HSB Resort Ltd., the present owner of the property subject to the moratorium, for all of the property included in the moratorium, including Marina Village, together with a traffic study that describes the amount, type and location of vehicular traffic that will result from the desired development pursuant to the master development plan and Marina Village; assesses the impacts of such desired development on the surrounding road and street infrastructure of the city; the effect of such desired development on traffic conditions, congestion, and travel time in the area; the effect of such desired development on fire service times and accessibility; recommended modifications of existing infrastructure and traffic-control devices, if any, as a result of development of the property included in the moratorium and Marina Village; identification of streets and other traffic facilities that may need to be constructed in order to adequately serve the vehicular traffic needs of the property included in the Moratorium and Marina Village and the surrounding environs; identification of easements or other property interests that must be acquired by the city in order to adequately serve the traffic needs of the property included in the moratorium and Marina Village and the surrounding environs; and an analysis of the adequacy and appropriateness of the zoning regulations contained in this article as the same relates to vehicular traffic.

Preparation by the owner of Marina Village or by Horseshoe Bay Resort Ltd., and submission to the city, prior to commencement of construction of any improvement in Marina Village, of a parking study that describes the amount, type and location of parking spaces that will be required as a result of the desired development of Marina Village relative to the surrounding environs, recommended modifications of existing parking facilities, if any, as a result of the desired development of Marina Village and the surrounding environs; identification of buffers or landscaping that will adequately screen and protect the surrounding environs from the parking facilities that will be necessary to serve the anticipated development of Marina Village and the surrounding environs; an analysis of the adequacy and appropriateness of the zoning regulations contained in this article as the same relate to parking space requirements and minimums.

Preparation by the owner of Marina Village or by Horseshoe Bay Resort Ltd., and submission to the city for its review and approval, prior to commencement of construction of any improvement in Marina Village, a detailed site plan that depicts the nature, type and location of all structures and facilities that are planned for construction in Marina Village in compliance with the zoning regulations contained in this article.

Preparation and execution by the owner of Marina Village and the city council, prior to commencement of construction of any improvement in Marina Village, of a development agreement that describes the responsibilities and activities of both the owner of Marina Village and the City of Horseshoe Bay regarding the nature, type, and location of the structures and infrastructure facilities as shown on the site plan for Marina Village in compliance with the zoning regulations contained in this article and other city policies and regulations. Such development agreement shall include a showing of the existence of adequate fire protection services, equipment, and resources in or within an acceptable distance from the city capable of providing fire suppression to buildings constructed to the height depicted in the site plan of greater than forty (40) feet above the highest natural contour of the applicable lot, if any. Further, such development agreement shall demonstrate that the natural sunlight on or the views from the existing and surrounding residential or commercial facilities will not be blocked or impaired by any building constructed to the height depicted in the site plan if greater than forty (40) feet above the highest natural contour of the applicable lot, if any.

The following provisions shall be applicable to all land within Marina Village classified as Mixed Use Residential Multifamily and Commercial (“MURC-1”):

Uses permitted:

Townhouses or condominium residential dwelling units;

Retail or wholesale stores or businesses not involving any kind of manufacture, processing, or treatment of products other than that which is clearly incidental to the retail or wholesale business conducted on the premises not to exceed five thousand (5,000) square feet in size for any single building, and which is compatible with the uses permitted below;

Automobile parking areas;

Restaurants, tea rooms and cafes, including those offering on- and off-premises sale of alcoholic beverages, where the law provides;

Office, professional and general business;

Health club, health spa, exercise/fitness center;

Accessory structures necessary to such use erected upon the same lot.

Maximum building height.

The maximum building height shall be thirty-two (32) feet above the natural contour of the applicable lot; provided that in the case of a multiple dwelling complex containing more than twenty (20) dwelling units, a maximum of three (3) stories, or forty (40) feet above the highest natural contour of the applicable lot. Approval of up to two (2) or more additional stories may be requested and may be approved if depicted on the site plan and authorized by the development agreement.

Minimum yard requirements.

Front setback lines shall be twenty-five (25) feet from Horseshoe Bay Blvd.

Rear setback (waterfront) for the building unit foundations shall be up to the edge of the 825' contour line along Lake LBJ. All buildings shall be at a minimum elevation of 827'.

Side setback lines shall be ten (10) feet. The minimum distance between buildings shall be twenty-five (25) feet provided that where fire lanes are required the minimum distance between buildings shall be thirty (30) feet.

Maximum area of building footprint.

Notwithstanding uses permitted herein, no more than sixty percent (60%) of the total lot area shall be used for the dwelling units and other structures.

Minimum dwelling unit size.

The minimum living area of each dwelling unit shall consist of at least fifteen hundred (1500) square feet of living area, excluding covered porches or contiguous patios.

(g)

The following provisions shall be applicable to the twenty-five (25) lots generally along Broken Hills, Buffalo Peak, Hi Valley, Mountain Leather and Apache Tears within Zone 3 classified as R-4 Multiple Residential:

Uses permitted.

Any use permitted in the R-1 area that meets the requirements of the R-1 classification and any use permitted in the R-2 area;

Multiple-family dwellings;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.

Minimum yard requirements.

Except where there is specifically called out on an approved plat, which specification shall control, the following shall apply:

A rear yard shall be maintained to at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

Notwithstanding uses permitted herein, no more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

All dwelling units shall require not less than the following number of square feet, excluding carport, garage, covered porches, covered contiguous patios, or other similar appendages, on the lots as specified below.

2000 square feet for all golf course and contiguous lots, as previously defined.

1800 square feet for all other lots located in this area.

Garages and carports.

All lots shall provide for at least one garage or carport of no less than 200 square feet per dwelling unit and such structure shall be connected to the main dwelling. The connection may be by a breezeway. No garage that is not completely enclosed will open directly toward the street. All garage and/or carport structures shall be enclosed on at least two sides provided such structures located on corner lots shall be completely enclosed.

(h)

The following provisions shall be applicable to all land within Zones 3 and 4 classified as R-6 Apartment, Townhouse and Cottage:

Uses permitted.

Apartments;

Townhouses;

Cottages;

Any uses permitted in the R-4 classification, with the following exceptions:

All lots shall be used for single-family, two-family, apartments, townhouses or cottages, individually owned or owned in condominium;

Each single-family, two-family, apartment, townhouse and cottage residence may have appurtenant thereto a two-car carport and golf cart storage area or such carports and golf cart storage areas may be a part of the common elements; and

Accessory structures necessary to such use may be erected upon the same lot.

Maximum building height.

The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot; provided that in the case of a multiple dwelling complex containing more than twenty (20) dwelling units, a maximum of three (3) stories is allowed.

Minimum yard requirements.

Same as in the R-4 area except that front setback lines shall be twenty (20) feet and rear setback lines shall be fifteen (15) feet.

Maximum area of dwelling.

Notwithstanding uses permitted herein, no more than sixty percent (60%) of the total lot area shall be covered by the dwelling units and other structures.

Minimum dwelling unit size.

The minimum living area of each dwelling unit in any multiple dwelling complex shall be:

Apartments.

1,200 square feet. An option is allowed for up to 20% of the units to be a minimum of 750 square feet.

Townhouses.

Each and every dwelling unit on the premises shall consist of at least twelve hundred (1200) square feet of living area.

Cottages.

Each and every dwelling unit on the premises shall consist of at least fourteen hundred (1400) square feet of living area.

Golf course lots.

Each golf course lot dwelling unit shall be at least 1800 square feet in size.

Parking regulations.

The following provisions shall be applicable to all land within Zone 4B Horseshoe Bay South classified as M-1 Manufactured Home.

Uses permitted.

One single-family manufactured home on a lot. Double trailers such as doublewide and triple wide units designed to form one complete dwelling may be placed on a lot.

Manufactured homes shall not be permitted if the manufacturing date is more than 3 years before the date the permit is requested.

One single-family modular home may be built on a lot.

Accessory buildings and accessory structures as defined and regulated in this section.

Maximum height.

Manufactured homes shall not exceed twenty (20) feet above the highest natural contour line of the applicable lot.

Modular homes shall be permitted up to two (2) stories not to exceed thirty-two (32) feet above the highest natural contour line of the applicable lot.

Minimum yard requirements.

Except where there is specifically designated on an approved plat, which specification shall control, the following apply:

Front yard setbacks shall conform to a minimum depth of ten (10) feet from the front lot line to the closest structural projection, including porches, but not including awnings, overhangs, or planters.

A side yard setback shall be maintained of at least five (5) feet in depth from all side lot lines to the building line of any structure, with a minimum clearance of forty (40) inches from awnings or other projections to the side property line. Corner lots shall maintain a minimum setback of ten (10) feet from the side street line.

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line, excepting fences, walls, and hedges when used as a property or boundary line separation.

Maximum area of dwelling.

No more than fifty percent (50%) of the total lot area shall be covered by a mobile home and other structures.

Minimum dwelling unit size.

All manufactured homes and modular homes shall require a minimum of seven hundred (700) square feet for the living area in the dwelling portion of the manufactured home or modular home.

Permanent foundation.

All manufactured homes and modular homes shall be placed on a permanent concrete foundation which provides anchors and tie-downs that secure and stabilize the manufactured home according to the manufacturer’s specifications. Such tie-downs shall be installed and maintained in conformance with the most current adopted codes and standards from the Texas Manufactured Housing Standards Code, the Texas Administrative Code for Manufactured Homes, and the HUD-Permanent Foundation Guide for Manufactured Housing: September 1996 and all subsequent updates. Modular homes shall follow all foundation and building requirements of the City of Horseshoe Bay adopted edition of the International Residential Code.

Garage or carport.

All lots with a manufactured home or modular home shall provide a garage or carport of no less than 200 square feet per dwelling unit. All garages and carports shall be installed to the standards in section 14.02.406(i)(10)(E).

(Reserved)

Awnings.

Open and closed awnings shall be permitted.

Minimum development standards.

The following minimum standards are required to be met for any manufactured home or modular home to be located on a lot, including:

Skirting.

Skirting is required on all manufactured homes installed above grade:

Skirting shall be installed on a concrete footing so there is no visible gap between the finished floor and the ground.

Skirting shall be installed on all sides of the dwelling unit and be a continuous, complete, opaque, and rigid surface that lends permanency to the appearance of the unit and totally screens the crawl space under the unit.

Skirting shall provide for adequate drainage and ventilation.

Driveway.

A paved driveway of not less than 400 square feet with a minimum width of 12 feet shall be provided onto the lot. The driveway shall provide space to park a minimum of 2 cars. The driveway shall be paved all the way to the edge of pavement of paved streets or to the edge of right-of-way if the street is not paved prior to issuance of certificate of occupancy. No parking shall be permitted on any street or any vacant lot.

Lot coverage.

All structures and buildings including manufactured homes, modular homes and accessory structures and any carports, decks, patios or stairways attached thereto, and parking areas shall not cumulatively cover more than 60 percent (60%) of the total area of an individual lot.

Colors of buildings.

Accessory buildings shall be the same color as the home.

Garages and carports.

A garage or carport is required for each lot. The garage or carport shall meet the following minimum standards:

Carports shall be open on not less than two (2) sides. Carports not open on two or more sides shall be a garage and shall comply with provisions for garages.

The garage or carport shall be over a paved driveway.

The garage or carport shall be the same color as the manufactured or modular home. Specific types of material excluded are preformed, corrugated, or ribbed metal, and fiberglass or plastic sheets or panels. Metal may be used for the walls of the unit provided they have a factory applied and painted finish closely matching the color of the primary residence. Standard concrete masonry units (cinder blocks) shall have an exterior finish.

Flat roofs are not permitted.

Pre-manufactured, and other carport construction that utilizes structural steel members or steel pipe shall require design approval by a professional engineer, and all foundation plans for anchoring the carport structure to a permanent foundation must be approved by the building official, as part of the required building permit.

Accessory buildings and accessory structures.

Accessory buildings and accessory structures may be constructed or placed in conjunction with a manufactured home or modular home in accordance with the following requirements:

The garage or carport is an accessory building.

Accessory buildings, fences and walls are also accessory structures.

All accessory buildings and accessory structures shall require a building permit.

No accessory building or accessory structure shall be placed on a vacant lot.

Accessory buildings and accessory structures shall be properly maintained in a clean and sanitary condition and free from physical hazards and other matter detrimental to the public health or create a nuisance.

Accessory buildings other than carports and garages cannot exceed 10' by 12' and shall have a height not to exceed 15 feet above the highest natural contour line of the applicable lot.

Accessory buildings shall not be used as a dwelling unit.

Accessory buildings shall not obstruct emergency or firefighter access.

Accessory buildings shall not be located in the front yard or within 5 feet of the rear or side lot lines.

Accessory structures shall be the color of the natural material or when painted or stained will be a color that matches or compliments the home.

Porch, deck, patio and exterior door landings.

A porch, deck or patio is required at the front door or rear door of the manufactured home or modular home. This may be part of the manufactured home or modular home or installed after the home is moved into place or built on the lot. An exterior door landing is required for all exterior doors, all rear, back and side doors. The width of each exterior door landing shall not be less than the door served. Every exterior door landing shall have a dimension of not less that thirty-six (36) inches measured in the direction of travel. The front or rear porch, exterior door landings, decks and/or patios shall have a combined area of not less than 150 square feet. Any porch, deck, patio, or exterior door landing shall require a building permit.

Fences.

Fences must not exceed seven (7) feet in height. Fences may not be chainlink, barbed wire, cyclone, or hurricane type fences. Wooden privacy fences are permitted. Fences shall not be located closer to the street than the front yard setback. Picket fences or similarly open fences with pickets at least 2-1/2 inches apart but not more than 4 inches apart and no more than 3 feet in height are permitted in the front yard setback.

Storage.

Watercraft, trailers, equipment, and any outdoor storage is permissible in the side yard and rear yard if screened from view from the street by a privacy wall or fence. The parking or storage of watercraft and/or watercraft trailers exhibiting a current registration and license plate is permitted on a driveway or under a carport.

Erosion sedimentation control.

Existing vegetation should be preserved if at all possible. All disturbed areas shall be planted with shrubs, sod and/or hydro-mulched upon completion of construction and prior to certificate of occupancy. Dead vegetation shall be removed immediately.

Transportation apparatus.

All wheels, axles, tongue, towing apparatus, and transportation lights shall be removed prior to occupancy of the dwelling unit. Tongues that are stored on site shall not be visible.

Roofline.

The roof of all manufactured homes and modular homes shall have diverse or varied exterior planes of the building (roofline) with a minimum roof pitch of 3:12 (3 inches of rise in 12 inches of run).

Additions.

Heated and/or cooled living area additions are prohibited for manufactured homes.

(j)

The following provisions shall be applicable to all land within Zone 3 Horseshoe Bay West and Zone 4A Horseshoe Bay Proper classified as C-2 General Commercial:

Uses permitted.

Reserved;

Reserved;

Reserved;

Public agency facilities and structures;

Restaurants, tea rooms and cafes;

Theaters and auditoriums (except for drive-in theaters);

Reserved;

Assisted living facilities;

Office, professional, and general businesses;

Medical facilities;

Health clubs, health spas, exercise/fitness centers;

Clubhouses, golf and tennis pro shops and attendant facilities, located in and surrounded by R-1 classifications, and principally serving club members, their guests and resort guests;

Accessory structures to be located on the same lot as may be reasonably necessary and appropriate.

The following provisions shall be applicable to all land within this zone classified as C-2 general commercial:

Maximum building height.

The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot, except clubhouses which shall be limited to thirty-two (32) feet.

Maximum area of building.

Building area shall not exceed sixty percent (60%) of the area of the lot.

Landscaping.

Provision of landscaping between parking areas and the main access areas, except for access driveways. All parking lots must be landscaped. All landscaping shall be protected from vehicular damage by either wheel stops or curbs. (See diagram 1) for example.

Parking.

A minimum of one (1) parking space per 250 square feet of net rentable space is required. All required parking spaces are to be 10 feet wide by 20 feet long.

Exterior walls.

All buildings or structures shall have one hundred percent (100%) masonry covering on all exterior walls, excluding doors and windows, except clubhouses which must have exterior walls of at least fifty percent (50%) masonry covering.

(Reserved)

Diagram 1. Parking Lot Landscape Standards

Landscaped areas shall be provided at all driveway entrances and landscape islands after every 10th parking stall.

Low lying shrubs (less than 2 ft. in height) shall be used when placed in a vision triangle.

Visual relief screen shall be provided to break up the visual expanse of the parking lot near streets and along property lines.

Landscape islands shall be a minimum of 9' wide and 15' long. Endcap islands shall be a minimum of 9' wide and 30' long.

Continuous buffer landscaping shall be provided when abutting residential uses.

Conditional uses.

The following uses shall require approval of a conditional use permit, in accordance with Part VIII Conditional Use Permits (CUPs) of this article.

A bar as defined in section 14.02.002 of this article (4A only)

Multifamily residential

Personal storage building

Convenience store with a maximum of 8 gas pumps

Wireless communications tower

Park/gateway

Restaurant with no rear deck

(k)

For property and projects with unique development needs, the city encourages use of PD planned development zones, as described in division 4.

(l)

The following provisions shall be applicable to all land within Zones 3 and 4 classified as A-1 Recreational:

This classification is intended to establish and preserve attractive recreational facilities including golf courses, driving ranges, natural or artificial hazards for the game of golf, tennis courts, and other recreational facilities, and to protect the integrity of such areas by prohibiting the mixing of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.

Uses permitted.

Golf courses including but not limited to tees, fairways, driving range, golf greens, natural and artificial hazards, golf cart repair and servicing facilities, and golf course maintenance facilities;

Golf academies including but not limited to instructional facilities, driving ranges, golf greens, tees and fairways;

Tennis courts, related facilities or clubhouses;

Swimming pools, related facilities or clubhouses;

Recreational vehicle park and campground (only in that area referred to as “Camp Ground” and shown on High Mesa Street in the map of Zone 4);

Property owners’ association facilities and meeting facilities;

Parks;

Horse stables and facilities (only in that area in Zone 4B Horseshoe Bay South on Stagecoach);

Accessory structures and uses incidental to the foregoing and on the same lot.

Minimum lot dimensions.

Area (minimum) subject to approval.

Depth (minimum) subject to approval.

Width (minimum) subject to approval.

Lot coverage (percentage) subject to approval.

Minimum building setbacks.

Front: 25'.

Side: 10' except a minimum of 40' for any side(s) that adjoins residential classifications.

Rear: 25'.

(m)

The following provisions shall be applicable to all land within Zone 4A Horseshoe Bay Proper and classified as MA-1, Marina:

This classification is intended to provide appropriate areas for uses that provide commercial marina facilities and services.

Uses permitted.

Commercial boat slips (commercial marina).

Day docks (courtesy marina).

Boardwalks.

Fuel sales and storage.

Boat launch.

Boat storage.

Restaurants.

Retail.

Marina rentals.

Boat sales.

Community marina.

LCRA permit required.

All marinas must obtain a permit and comply with the applicable provisions of the Lower Colorado River Authority Highland Lakes Marina Ordinance. An applicant for a permit from LCRA for a marina located within the corporate limits of the city shall notify the city that a permit application has been submitted to LCRA.

Parking.

Parking: For floating boat slips, one (1) parking space is required for every ten (10) floating boat slips.

Building setbacks.

None required.

Buffering.

In addition to applicable requirements under the LCRA Marina Ordinance, applicant may be required to provide buffering and/or screening between the marina area and adjacent land uses.

Stack storage prohibited.

Storage of boats by stacking is not allowed.

(n)

The following provisions shall be applicable to all land within Zones 3, 4A and 4B classified as GUI Governmental, Utility or Institutional:

This classification is intended to establish appropriate areas for uses that provide important community services, buffering from any adjacent residential classifications and necessary, adequate off-street parking.

Uses permitted.

Facilities owned and/or operated by the federal, state, or local government or political subdivisions thereof (e.g. municipal water districts, fire stations, etc.);

Schools, either public or private, nonprofit;

Churches;

Uses required by both public and private utilities;

Accessory uses incidental to any of the foregoing permitted uses.

Minimum lot dimensions.

Area: Subject to approval.

Depth: Subject to approval.

Width: Subject to approval.

Lot coverage (maximum percentage): Subject to approval.

Minimum building setbacks.

Streets: 25'.

Side: 10'.*

Rear: 10'.*

*A minimum of ten (10) feet except a minimum of twenty-five (25) feet for any side or rear that adjoins residential classifications.

(o)

The following provisions shall be applicable to all land within Zone 4A and classified as F-1 Fly-In Community and Fly-In Business Park:

This classification is intended to provide residential communities and a commercial business park adjacent to the airport. The areas classified F-1 Fly-In Community and Fly-in Business Park should also contain adequate space for required off-street parking. The following provisions shall be applicable to the F-1 Fly-In Community and Fly-in Business Park within Zone 4A:

Uses permitted.

Use of airplanes which do not exceed a certified gross take-off weight of 125,000 pounds and use of helicopters, gliders, ultra-lights, power gliders, and hot air balloons;

The taxiing of airplanes, taking off and landing of helicopters, gliders, ultra-lights, power gliders, and hot air balloons;

Structures and facilities for the supply and fueling of airplanes or helicopters, gliders, ultra-lights, power gliders, and hot air balloons by persons or entities authorized by the owner of the airport facilities;

Office and storage facilities for the operation and maintenance of the airport;

Hangars for the shelter of airplanes, helicopters, gliders, ultra-lights, and power gliders;

Servicing of airplanes or helicopters by such owners or their representatives;

Sales of aviation fuel and oil; rental of hangar, ramp, and vehicular parking spaces to area residents on a contracted basis; rental of ramp tie down space on a temporary basis to transient aircraft.

Uses prohibited.

Use of airplanes which exceed a certified gross take-off weight of 125,000 pounds;

The accessing, occupying, or using for any purpose other than accessing of airplanes or accessing, taking off, and landing helicopters, gliders, ultra-lights, power gliders and hot air balloons, of the area on and within fifty (50) feet of an active taxiway located within Zone 4A. Except for the operators of the airport facilities or their agents in the discharge of their duties, the prohibited uses shall include, but not be limited to walking, jogging, roller-skating, skateboarding, or bicycling.

Regulation.

All operational activities shall be regulated by Federal Aviation Administration (“FAA”) guidelines to the extent applicable, the manager of the air traffic control for the airport and subject to published airport operational restrictions and guidelines in the covenants, conditions and restrictions recorded in Llano County and Burnet County on the land in Zone 4A.

Minimum lot dimensions.

Area (minimum): subject to approval by the city;

Depth (minimum. ft): subject to approval by the city;

Width (minimum ft): subject to approval by the city;

Lot coverage (maximum percentage): subject to approval by the city.

(Ordinance 07-09-18E, sec. 3.6, adopted 9/18/07; Ordinance 08-02-19E, sec. II, adopted 2/19/08; Ordinance 09-02-17D, sec. II, adopted 2/17/09; Ordinance 10-04-20A, sec. (c), adopted 4/20/10; Ordinance 10-06-15B adopted 6/15/10; Ordinance 10-06-15C, sec. III, adopted 6/15/10; Ordinance 10-06-15C, sec. IV(a), adopted 6/15/10; Ordinance 12-07-03A adopted 7/3/12; Ordinance 2018-19, sec. III(a), adopted 9/18/18; Ordinance 2018-19, sec. III(b), adopted 9/18/18; Ordinance 2018-19, sec. X, adopted 9/18/18; Ordinance 2019-06, sec. IV, adopted 11/13/18; Ordinance 2019-06, sec. V, adopted 11/13/18; Ordinance 2019-21, sec. VI, adopted 3/19/19; Ordinance 2019-22, sec. III, adopted 3/19/19; Ordinance 2019-22, sec. IV, adopted 3/19/19; Ordinance 2020-01, sec. IX, adopted 10/15/19; Ordinance 2020-01, sec. XI, adopted 10/15/19; Ordinance 2020-06, sec. II, adopted 12/10/19; Ordinance 2021-12, sec. X, adopted 4/13/21; Ordinance 2021-12, sec. XI, adopted 4/13/21; Ordinance 2021-12, sec. XII, adopted 4/13/21; Ordinance 2021-12, sec. XIII, adopted 4/13/21; Ordinance 2021-12, sec. XIV, adopted 4/13/21; Ordinance 2021-12, sec. XV, adopted 4/13/21; Ordinance 2021-17, secs. II, XIII, adopted 5/18/21; Ordinance 2021-36, sec. X, adopted 9/21/21; Ordinance 2023-18 adopted 4/4/2023)

§ 14.02.407 Zone 5 Bay Country.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within Zone 5 classified as R-R Rural Residential:

Uses permitted.

A single-family dwelling;

An accessory structure for housing bona fide servants employed to perform services on the lot;

Accessory structures.

Maximum building height.

Three (3) levels not to exceed forty-five (45) feet above the highest natural contour line of the applicable lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

Front yard setback shall conform to a minimum depth of fifty (50) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.

Side yard setbacks shall be twenty-five (25) feet from each side yard. Corner lots shall maintain a minimum setback of fifty (50) feet from the side street line.

Except as provided below, a rear yard shall be maintained of at least twenty-five (25) feet from the rear lot line to the nearest building line.

Notwithstanding anything herein to the contrary, Lots 1, 2, 3, 4, 5, and 24 shall maintain a one hundred (100) foot building setback from R.M./F.M 2147, and there shall be no access onto R.M./F.M. 2147 from said lots.

Minimum dwelling size.

All primary dwellings shall require not less than 2,500 square feet of living area, excluding carport, garage, covered porches, covered contiguous patios, or other similar appendages.

Spacing between buildings.

Where more than one building is located on any lot, there shall be at least ten (10) feet between every dwelling, and any other building on the same lot.

Side yard setback - reverse corner lots.

In the case of a reverse corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirements for the lots in the rear of such corner lot.

Garages and carports.

All lots shall provide for at least one two-car garage of not less than 400 square feet per dwelling unit.

(Ordinance 07-09-18E, sec. 3.7, adopted 9/18/07; Ordinance 2021-17, secs. II, XV, adopted 5/18/21)

§ 14.02.408 Zone 6 Pecan Creek.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within Zone 6 classified R-6.5 Single-Family Residential:

Uses permitted.

A single-family dwelling;

Accessory structure necessary to such use located on the same lot.

Maximum building height.

The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.

Minimum yard requirement.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

Front yard setbacks shall conform to a minimum depth of twenty (20) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces; except that in the case of side-entry garages the front setback may be less, so long as there is provided an approved parking area of not less than twenty (20) feet in length and of sufficient width to park two (2) vehicles within the lot and off the street right-of-way.

Side yard setbacks shall be at least five (5) feet from the side lot line.

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

No more than fifty (50) percent of the total lot area shall be used for the dwelling.

Minimum dwelling unit size.

All dwellings shall require not less than 1,700 square feet of living area, excluding carport, garage, covered porches, covered contiguous patios, or other similar appendages.

Side yard easements.

The owner of a lot that benefits from a side yard easement shall not:

Cause, suffer or permit any damage to any utility lines located within the side yard easement or interrupt or interfere with the maintenance and repair thereof; or

Construct, erect or install any structure upon, across, over, under or within the side yard easement or undertake any grading or fill of any other activity upon the side yard easement which is in violation or which would result in a violation of any applicable governmental statute, ordinance, rule, or regulation.

Side yard easements.

There shall be reserved to the owner of the lot on which the easement exists with respect to the side yard easement area the right to:

Cause or permit the foundations of the dwelling constructed upon such lot to extend under the side yard easement and to cause or permit the eaves and gutter, if any, of the dwelling constructed upon such lot to extend over the side yard easement at heights no less than and extension distances no greater than as such eaves and gutters are originally constructed; provided that no such gutters shall be permitted which cause or lead to excess water runoff and drainage upon the side yard easement that results in erosion of the surface thereof.

The owner of the lot on which the easement exists shall not construct, install or otherwise cause to be made any door, window, duct, vent or aperture of any kind in any wall, fence or other structure on such lot which abuts or adjoins the side yard easement.

Spaces between buildings.

Where more than one building is located on any lot, there shall be at least ten (10) feet between the dwelling and any other building on the same lot.

Garages and carports.

All lots shall provide for at least one (1) two-car garage of not less than four hundred (400) square feet per dwelling unit.

Roof construction.

All roofs on buildings and structures on any lot shall be clay or concrete tile, standing seam metal with no visible screws or metal fasteners and shall be properly installed on a suitable slope, and asphalt, asbestos, wood, and/or fiberglass shingles shall not be permitted. No flat roofs and/or tar and gravel roofs shall be permitted on any building or structure constructed on any lot.

The following provisions shall be applicable to all land within Zone 6 classified as R-16 Single-Family Residential:

Uses permitted.

A single-family dwelling;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

Rear yard setbacks shall conform to a minimum depth of fifteen (15) feet from the rear lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.

A principal dwelling shall provide side yards of not less than ten (10) feet from each side yard. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line.

In the case of a reversed corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirement for the lots in the rear of such corner lot.

Maximum area of dwelling.

No more than fifty (50) percent of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

All residences shall require not less than 2,500 square feet living area, excluding carport, garage, covered porches, covered contiguous patios or other similar appendages.

Spaces between buildings.

Where more than one building is located on any lot, there shall be at least ten (10) feet between the dwelling, and any other structure on the same lot.

Garages and carports.

All lots shall provide for at least one (1) two-car garage of not less than 400 square feet per dwelling unit.

The following provisions shall be applicable to all land within Zone 6 classified as A-1 Recreational:

This classification is intended to establish and preserve attractive recreational facilities including a golf course, driving ranges, natural or artificial hazards for the game of golf, tennis court, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.

Uses permitted.

Tennis courts, related facilities or clubhouses;

Swimming pools, related facilities or clubhouses;

Property owners’ association facilities and meeting facilities;

Parks;

Accessory structures and uses incidental to the foregoing.

Minimum lot dimensions.

Area (minimum) subject to approval.

Depth (minimum) subject to approval.

Width (minimum) subject to approval.

Lot coverage (percentage) subject to approval.

Minimum building setbacks.

Streets: 25'.

Side: 10' except a minimum of 40' for any side(s) that adjoin residential classifications.

Rear: 25'.

(Ordinance 07-09-18E, sec. 3.8, adopted 9/18/07; Ordinance 2021-17, secs. II, XVI–XVIII, adopted 5/18/21; Ordinance 2021-36, sec. XII, adopted 9/21/21)

§ 14.02.409 Zone 7 Peninsula.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within Zone 7 regardless of classification:

Roof construction.

No building constructed on any lot will be designed and constructed so that at any point the horizontal and level distance from the outside of the exterior walls to the nearest point on the perimeter line of the roof (the “roof overhang”) is less than twelve inches (12"). All roofs on buildings and structures on any lot will be clay tile, concrete tile or standing seam metal with no visible screws or fasteners and shall be properly installed with a suitable slope. All other materials, including, but not limited to the following materials: asphalt, asbestos, wood and/or fiberglass shingles, will not be permitted. No flat roofs will be permitted on any building or structure constructed on any lot.

Fireplaces.

The exposed exterior surface of all fireplaces and/chimneys will be of masonry construction, and no wood or metal exteriors will be permitted. All fireplaces will be enclosed having a cap or roof cover. The exterior will be designed to conform with the design of the dwelling.

Garages and carports.

All lots shall provide for at least a three (3) car garage of no less than seven hundred fifty (750) square feet per dwelling unit. No garage will face Estate Drive, as shown on the map of Zone 7, unless it is unfeasible to do so. The garage may be detached from the dwelling unit or may be by a breezeway. Any garage may also have servant’s quarters, a studio, a casita, or other similar use.

Electrical power.

No source of electrical energy will be brought to any lot or used upon any lot unless and until the city has issued a building permit for the erection of the permanent improvements to be located on said lot.

Occupancy of structure.

No structure will be occupied or used for the purpose for which it is designed or built or for any other purpose until a certificate of occupancy is issued by the development services department.

Poles and masts.

No poles or masts of any type, size, or height shall be installed on any lot.

Spaces between buildings.

Where more than one building is located on any lot, the following spaces and passageways will be provided and maintained: Where dwellings or group dwellings arrange around a court, the average width of the court will not be less than twenty (20) feet. Such court may serve as the passageway for rear buildings or as the space between buildings.

Accessory structures.

No portable buildings of any kind will be allowed on any lot.

The following provisions shall be applicable to all land within Zone 7 classified as R-1 Single-Family Residential:

Uses permitted.

A single-family dwelling;

Accessory structures necessary to such use located on the same.

Maximum building height.

No structure shall exceed forty-five feet (45') above the highest natural contour line of the applicable lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification will control, the following will apply:

Front yard setback will conform to a minimum depth of fifteen (15) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.

A principal dwelling will provide total side yards of not less than thirty (30) feet with not less than fifteen (15) feet on any one (1) side. Corner lots will maintain a minimum setback of fifteen (15) feet from the side street line.

Except as provided below, a rear yard will be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Structures on any shoreline lots may be located at the shoreline of Lake Lyndon B. Johnson, provided they are constructed a minimum of one foot (1') above the floodplain elevation for such lot, as shown on the FEMA federal insurance rate map (FIRM).

Maximum area of dwelling.

No more than sixty percent (60%) of the total landmass, as it exists at the time of development, will be used for the dwelling and other structures.

Minimum dwelling unit size.

All dwellings shall have not less than four thousand (4000) square feet of heated and air-conditioned living area, excluding garage, covered porches, covered contiguous patios, or other similar appendages, unless otherwise provided herein.

(Ordinance 07-09-18E, sec. 3.9, adopted 9/18/07; Ordinance 08-10-21B, sec. II(b), adopted 10/21/08; Ordinance 2019-21, sec. IV, adopted 3/19/19; Ordinance 2021-17, sec. II, adopted 5/18/21; Ordinance 2021-36, sec. XIII, adopted 9/21/21)

§ 14.02.410 Zone 8 Matern Island.

(See section 14.02.402, standards applicable to all property in all zones.)

All land within Zone 8 not classified as A-1 Recreational is subject to the same restrictions as Single-Family Residential (R-1) in Zones 3 and 4, set out in section 14.02.406, except that lots in Zone 8 shall have a front yard setback a minimum of ten (10) feet from the front lot line to the closest structure projection, including porches, but not including eaves, overhangs, planters or fireplaces, and shall provide total side yards with not less than five (5) feet on each side.

To the extent a conflict exists between this section and section 14.02.406, this section shall prevail.

The following restrictions apply to all land within Zone 8 not classified as A-1 Recreational:

No dwelling unit shall be erected or placed on any building lot, which lot has a minimum lot width and size less than that shown on the recorded plat.

Trucks with tonnage in excess of 3/4 ton, trailers, overnight campers, and recreational vehicles shall not be permitted to park on the streets, driveways, or lots overnight. No repair work, dismantling, or assembling of motor vehicles or any other machinery or equipment shall be permitted in any street, driveway, yard, or in the common areas.

Pitched roofs on all dwellings and accessory structures located on the lots shall be clay or concrete tile or standing-seam metal with no visible screws or fasteners and shall be properly installed on a suitable slope.

The following restrictions apply to all land within Zone 8 classified as A-1 Recreational:

This classification is intended to establish and preserve attractive recreational facilities including a golf course, driving ranges, natural or artificial hazards for the game of golf, tennis court, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.

Uses permitted.

Tennis courts, related facilities or clubhouses;

Swimming pools, related facilities or clubhouses;

Property owners’ association facilities and meeting facilities;

Parks;

Accessory structures and uses incidental to the foregoing.

Minimum lot dimensions.

Area (minimum) subject to approval.

Depth (minimum) subject to approval.

Width (minimum) subject to approval.

Lot coverage (percentage) subject to approval.

Minimum building setbacks.

Streets: 25'.

Side: 10' except a minimum of 40' for any side(s) that adjoin residential classifications.

Rear: 25'.

(Ordinance 07-09-18E, sec. 3.10, adopted 9/18/07; Ordinance 2021-17, sec. II, adopted 5/18/21; Ordinance 2021-36, sec. XIV, adopted 9/21/21)

§ 14.02.411 Zone 9 Escondido.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within Zone 9 regardless of classification:

Uses permitted:

With the exception of the common area, land classified as R-6 Townhouse, land classified as C-2 General Commercial, and those portions of the zone which are or have been dedicated or conveyed to the county, other governmental or quasi-governmental authorities, or utility service providers, no residential lot shall be used for any purpose other than one (1) dwelling unit, including such accessory improvements as are customarily incidental to single-family residential use and not in conflict with any applicable law;

An owner may maintain an office or home business in a dwelling on such owner’s lot if:

Such office or home business is operated by the owner or a member of the owner’s household residing on the lot;

There are no displays or signs indicating that the lot is being used other than as a residence;

Such office or business does not generate any additional traffic or parking usage by clients, customers or other persons;

No equipment or other items related to the office or business is stored, parked or otherwise kept on such owner’s lot or the property outside of an approved enclosure;

The activity is consistent with the residential nature of the property and complies with all legal requirements;

No person is employed in such office or home business except for the owner or the members of the owner’s household residing on the lot; and

The owner has obtained prior written approval from the property owners’ association and thereafter registers annually with the association as long as the operation of the home business continues.

As a condition to such use, the board may require the owner to pay an increase in the rate of insurance, trash removal, utilities or other costs for the association or other owners which may result from such use. Garage sales, yard sales and similar activities are prohibited.

New construction.

Construction of new dwelling units only shall be permitted on lots within the zone, it being the intent of this provision to prohibit the moving of any existing building or structure onto any lot and remodeling or converting same into a dwelling unit. Provided however, the foregoing shall not be construed as prohibiting remodeling of, or construction of additions to, existing dwelling units that previously have been constructed. Mobile homes, manufactured housing, and all similar housing units are expressly prohibited.

Height limitations.

No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A subfloor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.

Roofs.

Only roofing materials which are fireproof and are of high grade and quality and which are consistent with the exterior design, color and appearance of other improvements shall be allowed. Acceptable materials include terra-cotta or clay tile. No wood or composition shingles are allowed. Further, no roofing materials that produce a glare are permitted on any improvement. Minimum roof pitch allowed on any dwelling unit shall be a 4:12 pitch; maximum roof pitch allowed in any dwelling unit shall be an 8:12 pitch.

Swimming pools.

Movable, above-ground swimming pools in excess of six feet (6') in diameter are strictly prohibited. All swimming pools in excess of six feet (6') in diameter must be of a permanent nature built into the ground and in a fenced enclosure with self-closing and self-latching gates and otherwise comply with state law. No swimming pools shall be constructed in front yards.

The following provisions shall be applicable to land within Zone 9 and classified as R-1 Estate Single-Family Residential:

Minimum setbacks.

Front: 35'.

Rear: 25'.

Side: 10'.

Street side: 15'.

Setbacks for single-family homes built in the area of Plat 1.6 follow setbacks recorded on Plat 1.6.

Floor area.

All dwelling units shall have a floor area of not less than two thousand four hundred (2,400) square feet and not more than six thousand five hundred (6,500) square feet, exclusive of open porches, patios, garages, balconies and terraces.

Garages.

All garages shall have capacity for not less than two (2) or more than four (4) standard-sized passenger motor vehicles, provided that an owner may also construct a porte-cochere adjacent to a dwelling unit. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be designed, erected, constructed, installed or maintained in such manner that the garage doors thereof shall not face the front of any other residence, and shall not be located nearer than thirty feet (30') to any street curb. All garages must have garage doors. Each dwelling unit shall also be allowed one additional garage sized for the storage of a golf cart.

(Reserved)

The following provisions shall be applicable to all land within Zone 9 and classified as R-1 Villa Single-Family Residential:

Minimum setbacks.

Front: 15'.

Rear: 10'.

Side: 5'.

Street side: 10'.

Floor area.

All dwelling units shall have a floor area of a minimum of one thousand two hundred (1,200) square feet and a maximum of two thousand seven hundred 2,700 square feet.

Garages.

Construction of each dwelling unit shall be accompanied by construction of a garage. All garages shall have capacity for not less than two (2) nor more than three (3) standard-sized passenger automobiles. Each dwelling unit shall also be allowed one additional garage sized for the storage of a golf cart.

The following provisions shall be applicable to all land within Zone 9 and classified as R-6 Casita:

Minimum setbacks.

Front: 0'.

Rear: 0'.

Side: 0'.

Street side: 0'.

Floor area.

All dwelling units shall have a floor area of not less than one thousand five hundred (1,500) square feet.

Garages.

Construction of each dwelling unit does not have to be accompanied by construction of a garage. All garages shall have capacity for not more than two (2) standard-sized passenger motor vehicles.

The following provisions shall be applicable to all land within Zone 9 classified as C-2 General Commercial:

Uses permitted.

Reserved;

Reserved;

Reserved;

Public agency facilities and structures;

Restaurants, tea rooms and cafes, including those offering on- and off-premises sale of alcoholic beverages, where the law provides;

Theaters and auditoriums (except for drive-in theaters);

Reserved;

Assisted living facilities;

Office, professional and general businesses;

Medical facilities;

Health clubs, health spas, exercise/fitness centers;

Clubhouses, golf and tennis pro shops and attendant facilities, located in and surrounded by R-1 classifications, and principally serving club members, their guests and resort guests;

Accessory structures to be located on the same lot as may be reasonably necessary and appropriate.

The following provisions shall be applicable to all land within this zone classified as C-2 general commercial:

Maximum building height.

The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot, except clubhouses which shall be limited to thirty-two (32) feet.

Maximum area of building.

Building area shall not exceed sixty percent (60%) of the area of the lot.

Exterior walls.

Landscaping.

Provision of landscaping between parking areas and main access areas, except for access driveways. All parking lots must be landscaped. See diagram 1 for example.

Parking.

A minimum of one (1) parking space per 250 square feet of net rentable space is required. All required parking spaces are to be 10 feet wide by 20 feet long.

(Reserved)

For property and projects with unique development needs, the city encourages use of PD planned development zones, as described in division 4.

Conditional uses.

The following uses shall require approval of a conditional use permit, in accordance with Part VIII Conditional Use Permits (CUPs) of this article.

A bar as defined in section 14.02.002 of this article

Multifamily residential

Personal storage building

Convenience store with a maximum of 8 gas pumps

Wireless communications tower

Contractor’s office - no outside storage

Self-service storage units

Research lab - non-hazardous

Community garden less than 1 acre

Farmer’s market less than 1 acre

Green plaza/park

Pavilion

Dog/animal park

Biking center

Kiosk

Church

Library

Amphitheater

Office/warehouse

Temporary real estate sales office for new development

(U)

All uses allowed in the A-1 recreational classification

The following provisions shall apply to all land within Zone 9 classified as Lago Escondido Estate (Lago Estate), except as specified to the contrary on an approved plat, which specification shall control:

Minimum setbacks.

Front: 35'.

Rear: 25'.

Side: 5'.

Street side: 15'.

Floor area.

All dwelling units shall have a floor area of not less than four thousand (4,000) square feet and not more than nine thousand five hundred (9,500) square feet, exclusive of open porches, patios, garages, balconies and terraces.

Garages.

A maximum of two garages are permitted with a total capacity for not less than one (1) or more than four (4) standard-sized passenger motor vehicles per garage, but in no case less than two (2) total garaged parking spaces per lot. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be designed, erected, constructed, installed or maintained in such manner that the garage doors thereof shall not face the front of any other residence, and shall not be located nearer than twenty feet (20') to any street curb. All enclosed garages must have garage doors. Each dwelling unit shall also be allowed one additional garage sized for the storage of a golf cart.

Driveways.

No lot shall have more than two (2) points of ingress/egress for vehicles and one such point must connect to the street along such lot’s front lot line.

Exterior color schemes and materials.

The architectural control committee shall have the right to impose limitations on the exterior color and materials to be used on all improvements. The exterior walls (including chimney walls) of all improvements must have one hundred percent (100%) stone or stucco coverage and must use only earth-tone colors.

(Ordinance 07-09-18E, sec. 3.11, adopted 9/18/07; Ordinance 14-04-15A adopted 4/15/14; Ordinance 2018-19, sec. IV, adopted 9/18/18; Ordinance 2018-19, sec. X, adopted 9/18/18; Ordinance 2019-21, sec. VI, adopted 3/19/19; Ordinance 2020-01, sec. XX, adopted 10/15/19; Ordinance 2020-06, sec. V, adopted 12/10/19; Ordinance 2020-22 adopted 8/25/20; Ordinance 2021-01 adopted 11/17/20; Ordinance 2021-17, sec. II, adopted 5/18/21; Ordinance 2021-17, sec. XIX, adopted 5/18/21; Ordinance 2021-17, sec. XX, adopted 5/18/21; Ordinance 2021-36, sec. XV, adopted 9/21/21)

§ 14.02.412 Zone 10 Siena Creek.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within Zone 10 regardless of classification:

Building height.

The maximum height limit established is thirty-five (35) feet to the ridge point of the roof, sufficient for a two-story building with a pitched roof. An architectural feature such as a tower can exceed the height restrictions. Maximum building heights shall be measured vertically above the average existing natural terrain prior to grading.

Roof design.

There shall be no large, unbroken, single-pitched roof planes. Pitched roofs may be gabled, shed, hipped, or tie in to building masses and may be a maximum of 8 in 12 and a minimum of 4 in 12. Flat roofs are not permitted. Mansard roofs are not permitted. Allowable roof materials include clay tile, slate, concrete tile, and metal. The roof area of all two-story homes must include single-story elements. On both one and two-story residences, the roof profile should be richly varied with individual masses and asymmetrical design. The use of deep, heavy facias is encouraged.

Doors and windows.

All windows and exterior doors shall be of wood, steel, vinyl or aluminum construction. Glass may be coated or tinted to control solar heat gain, but reflective mirrored appearance shall not be allowed. Skylights shall have a low profile above the roof plane. The frames of skylights must be the same color as the roof.

Decks.

Decks that extend off the upper levels above grade should be designed as an integral element of the building and not an appendage. Columns supporting such elements must be over-scaled and include the use of stone or brick. Wood columns may be used as an integral element but must be a minimum of an 8" x 8" member or a combination of four (4) 4" X 4"'s.

Fireplaces and chimneys.

Fireplace masses should be integrated with and blend well with the materials and character of the home and must always be faced with stone, brick or stucco. In no case will exposed metal flues be allowed.

Accessory structures.

Accessory structures must be designed as integral elements of and be complementary to the main structure. Materials, colors and finishes must be similar on all such structures, and visually related by way of connecting walls, pergolas, terraces, or other landscape treatments. Accessory structures must meet all setback and easement requirements. Prefabricated storage buildings shall not be allowed within any designation.

Sports and tennis courts.

Private sports and tennis courts are prohibited.

Swimming pools and spas.

Private swimming pools and spas, if any, should be designed as being visually connected to the residence through the use of walls or courtyards and must be positioned with consideration for visual and noise impact with respect to adjacent lots, and public spaces. The pool equipment areas must be screened from view from all surrounding properties. The pool equipment screen must be opaque. Screening with evergreen plant material must be large enough at time of planting to form a solid hedge; architectural screening must be of material and color that is complementary to the house. Enclosure fencing for pools and spas must meet all applicable building and safety codes. Exposed pool foundations, pool skirting or patio foundation must be constructed of the same masonry material as the residence constructed. Above-ground pools are prohibited.

The following uses and regulations will apply to all land within Zone 10 and classified as R-1 Single-Family Residential:

Uses permitted.

Single-family dwelling;

Accessory structures necessary to such use located on the same lot.

Minimum setback distances.

Minimum setback distances from lot property lines are as follows:

Front (applicable to all lot boundaries that abut rights-of-way) 30'.

Side (applicable to all lot boundaries that abut rights-of-way) 15'.

Side (total of 15' with minimum one side of 5') 15'.

Rear (the greater distance of 15 feet from property line or the 60-foot LCRA water quality easement).

Slab elevation.

All improvement foundations shall be set at the minimum elevation as shown on the recorded plat and/or two (2) feet above base elevation.

Impervious cover.

The maximum lot coverage of impervious cover is sixty percent (60%).

Minimum dwelling unit size.

The minimum square footage permissible for any dwelling shall be three thousand (3,000) square feet of heated/air-conditioned space.

Maximum area of dwelling.

Notwithstanding uses otherwise permitted herein, no more than fifty percent (50%) of the total lot area will be used for the dwelling and other structures.

Driveways.

Each lot shall be accessed by only one driveway. Access drives must be located to preserve and protect important natural features, such as large or significant plant materials, trees, drainageways, and rock outcroppings. The driveway must be designed to allow for two uncovered parking spaces. The spaces shall be a minimum of thirty feet (30') from the front lot line and shall include substantial landscaping to screen the guest parking area from the street or neighboring property. The paved surface of a driveway shall be a maximum of fourteen feet (14') wide except for the turn-around near the garage. The driveway shall intersect the street at a right angle. Driveway paving should have flared aprons where it intersects the roadway pavement. Flared sections at the road may not exceed an 8-foot-wide radius. Where possible, a driveway should be flush with the finished grade. Driveway surfaces shall be a minimum of 4" thick concrete. Driveways shall be located where the least amount of cut or fill is required. Driveway material may be of natural gray concrete, integrally colored concrete, exposed aggregate concrete, pattern stamped concrete or natural materials such as such stone or brick.

Garages and garage doors.

Garage doors shall not face the street. For lots 1 through 6, no garage door may face the rear lot line. All lots shall provide for at least one (1) two-car garage of not less than four hundred (400) square feet per dwelling unit. In all cases garages should be attached to the main residence at a minimum with an arbor or breezeway element. Garages will not be allowed to orient directly to the street and should be set back. No more than two (2) garage stalls will be allowed directly adjacent to each other. No more than three (3) doors will be permitted in an elevation. A maximum of four (4) stalls will be allowed.

Additional restrictions on accessory structures.

All accessory structures necessary to such primary use may occupy not more than fifty (50) percent of a required rear yard and may not be more than fifteen (15) feet in height. No accessory structure will be erected closer than fifteen (15) feet to the line of an abutting lot and no such building will occupy any portion of a required front or side yard.

The following uses and regulations will apply to all land within zone 10 and classified as R-1 single-family townhouse residential:

Uses permitted.

Single-family dwelling;

Accessory structures necessary to such use located on the same lot.

Minimum setback distances. Minimum setback distances from lot property lines are as follows:

As to R-1 residential townhome lots within lot 17:

Front yard setback 15'.

Side yard setback 5'.

Side Street yard setback 5' from side lot lines.

Rear yard setback 10' from rear lot line.

As to R-1 residential townhome lots within lot 18:

Front 15'.

Side 5'.

Side Street yard setback 15'.

Rear yard setback is at BMPE (Water Quality Easement) line.

When the side setbacks intersect with the front or rear setbacks, the restrictions associated with both types of setbacks apply, so the total would be 20' for front and side setbacks and 25' for front and rear setbacks.

Slab elevation.

All improvement foundations shall be set at the minimum elevation as shown on the recorded plat.

Impervious cover.

The maximum lot coverage is sixty percent (60%).

Minimum dwelling unit size.

The minimum square footage permissible for any dwelling shall be seventeen hundred (1,700) square feet of heated/air-conditioned space for a one-story townhouse and two thousand (2,000) square feet of heated/air-conditioned space for a two-story townhouse.

Maximum area of dwelling.

Notwithstanding uses otherwise permitted herein, no more than fifty percent (50%) of the total lot area will be used for the dwelling and other structures.

Driveways.

Each lot shall be accessed by only one driveway. Access drives must be located to preserve and protect important natural features, such as large or significant plant materials, trees, drainageways, and rock outcroppings. The driveway must be designed to allow for two uncovered parking spaces. The spaces shall be a minimum of fifteen feet (15') from the front lot line. The paved surface of a driveway shall be a maximum of fourteen feet (14') wide except for the turnaround near the garage. The driveway shall intersect the street at a right angle. Driveway paving should have flared aprons where it intersects the roadway pavement. Flared sections at the road may not exceed an 8-foot-wide radius. Where possible, a driveway should be flush with the finished grade. Driveway surfaces shall be a minimum of 4" thick concrete. Driveways shall be located where the least amount of cut or fill is required. Driveway material may be of natural gray concrete, integrally colored concrete, exposed aggregate concrete, pattern stamped concrete or natural materials such as such stone or brick. NOTE: Add this to list of non-conforming lots if they are created.

Garages and garage doors.

All lots shall provide for at least one garage of no less than 420 square feet per dwelling unit so as to accommodate two standard-size vehicles, and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed and may face a street or side street.

Additional restrictions on accessory structures.

(Ordinance 07-12-11F, sec. II, adopted 12/11/07; Ordinance 2020-01, secs. XXII, XXIII, adopted 10/15/19; Ordinance 2020-07 adopted 12/10/19; Ordinance 2021-17, secs. II, XXI–XXV–XXVII, adopted 5/18/21; Ordinance 2021-36, sec. XVI, adopted 9/21/21)

§ 14.02.413 Zone 11 The Trails.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within Zone 11 classified as Single-Family Residential (“R-1”):

Uses permitted.

Single-family dwelling;

No lot or no building erected or maintained on any lot will be used for manufacturing, industrial, business, professional, commercial, institutional or other nonresidential purposes, except for a business in which:

The existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the lot;

The business activity conforms to all covenants of the subdivision;

The business activity does not involve regular visitation to the lot by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents in the property.

Commercial vehicles.

No commercial vehicle will be parked on any street, right-of-way or lot except within an enclosed structure which prevent such view thereof from adjacent lots and streets, unless such vehicle is temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. No trucks or vehicles of any size that transport flammable or explosive cargo may be kept on the lot at any time, except for the transportation of propane to a residence for residential consumption.

Parking.

No motor vehicles, mobile homes, or recreational vehicles may be driven or parked in the common areas, the common maintenance areas or an any easement unless such motor vehicle, mobile home or recreational vehicle is in use for maintaining such area or easement, provided, however, that this restriction will not apply to driveways or streets intended for vehicular use which will be subject to the following limitations:

Lot owners must park all of their vehicles in their garage or upon the impervious driveway or parking apron of their property.

Editor’s note–Former subsection (3)(B), pertaining to parking of guest’s vehicles, was deleted by Ordinance 14-01-21B, sec. IV, adopted 1/21/14. Similar provisions can be found in article 12.03 of this code.

Garages and driveways.

All openings to garages must be situated within the setback lines. All lots shall provide for at least one (1) two-car garage of not less than four hundred (400) square feet per dwelling unit. Garages may be attached or detached. Porte-cochere-like structures attached to the main house and accessory structures with similar architectural features shall be allowed. No more than two (2) adjacent garage stalls will be allowed in the same plane, and no more than four (4) garage stalls will be allowed per lot except for those lots which exceed three (3) acres in size.

Setbacks.

All lots will have specified front, side and rear setbacks from the property line within which no vertical improvements may be placed. These setbacks are not uniform throughout the property and may vary according to size, shape, orientation or topographic condition of the lot. These setbacks will be specified in the plat and/or the deed restrictions for each lot. A driveway and garage apron may be placed on one (1) side yard setback to facilitate parking and the access to the garage, but such apron shall be no closer than ten feet (10') to the property line. No vertical improvements or view blocking landscaping may be placed outside the building setbacks.

Lot Type	Front	Rear	Each Side Yard
Waterside Lots 17-B	50'	50'	25'
Waterside Lots 17-B	50'	50'	25'
Waterside Lots 18-1A	Per Plat	Per Plat	North 10'
Waterside Lots 18-2A	Per Plat	Per Plat	South 25'
Waterside, Phase II, Lots 54-57	50'	50'	25'
Waterside Phase II Lots 58-64	25'	50'	5'
(Lot Nos. 57-64) Boat docks may be built in rear setback
Creekside	50'	50'	25'
Creekside II Phase III	50'	50'	25'
Ridgeline Phase III	50'	50'	25'
Morning Star Villa, Phase II	25'	25'	10'
Kelley & Alexis Lane Villas	25'	50'	10'
Trails Point - Megan Lane	Per Plat	Per Plat	Per Plat
Trails End	As shown on the respective plat/replat

Minimum and maximum dwelling unit area.

All lots will have a specified minimum and maximum for the construction of conditioned improvements. Conditioned improvements are those that are heated and air-conditioned. In Phases I, II and III the following is applicable:

Conditioned Area in Square Feet
Lot Type	Minimum	Maximum
Ridgeline	3,000	6,000
Waterside	3,000	8,000
Waterside Phase II	3,000	8,000
Waterside Phase II (Nos. 58-64) Single story or split level only	2,000	3,500
Creekside Lots 47-53 and 66-76	2,750	6,000
Creekside II, Phase III Lots 46,77-82 and 88-91	2,750	6,000
South Ridgeline, Phase III (single or split level* only)	3,000	6,000
Morning Star Villas, Phase III (single story only)	2,000	3,000
Kelley & Alexis Lane Villas, Phase III (single story only)	2,000	3,000
Trails End	2,000	3,000
Trails End Lots 21-26 (single story only)	2,000	2,700
Trails Point (single story only)	2,000	3,000
Trails Point Lot 5 (single story or split level* only)	2,000	3,000

* Split level: A two story house where no more than one living area is below the entry level of the residence.

Ground floor to second floor ratios.

Second floor building improvements cannot exceed 35% of the ground floor improvements. This applies to conditioned areas only.

Maximum building height.

The maximum building height shall be no more than thirty (30) feet measured from the mean elevation of the natural grade of the inclusive building area. For purposes of this section, “height” means the vertical distance from that point to the highest point of the coping of a flat roof or to the highest point of a gable on a pitched or hipped roof, or if none of the preceding, then to the highest point of the structure. “Grade” means the horizontal surface of the ground, where height is to be measured. Utility and mechanical structures, chimneys, cupolas, located on top of a building are not included in the calculation or measurement of height. (See Diagram 2 below.)

Roofing material.

All roofs shall be standing seam metal of natural colors with a nonreflective matte finish with no visible screws or fasteners. Galvanized finishes or colors such as blue, green, or red are not allowed. Clay tile roofs are allowed; wood shingles are prohibited. Mansard roofs are prohibited. The maximum roof pitch is 10 inches of rise in 12 inches of run.

Chimneys.

All chimneys shall be finished with a chimney cap compatible with the design of the residence. Spark arrestors are required.

Cut and fill.

Generally, a cut and fill ratio of sixty-five percent (65%) cut to thirty-five percent (35%) fill shall be allowed. The maximum vertical cut is six (6) feet. Exposed cuts should result in a clean, solid stone ledge of natural rock, retaining walls with an applied finish material or revegetated. Retaining walls that are returned to grade are required to have a finish material that also returns to grade. Slope gradients shall return to natural grade as quickly as practical using a combination of slope and retaining walls.

Air-conditioning units.

No air-conditioning apparatus will be installed on the ground in front of a residence nor will any air-conditioning apparatus or evaporative cooler be attached to any front wall or any window of a residence. All apparatus shall be screened so that it is not visible from adjoining property or streets. If vegetative buffers are used the plant material shall be large enough at the time it is planted to screen the air-conditioning unit from view.

Swimming pools.

Movable, above-ground swimming pools in excess of six feet (6') in diameter are prohibited. All swimming pools in excess of six feet (6') in diameter must be of a permanent nature built into the ground. No swimming pools shall be constructed in front yards.

DIAGRAM 2

Lots 54-64 of the Trails of Lake LBJ, Phase Two

are not entitled to place boat docks, docks, or structures of any kind which extend past the 825' contour line of Lake LBJ.

Lots 54,55, and 56 may not dredge, excavate or “dig” into their lots to create a boat dock, dock, or other similar type structure.

Lots 57-64 may dredge or excavate or “dig in” from the 825' contour line into the area of their property above the 825' contour line in order to construct and create a boat dock, dock, or other similar type construction.

No boat dock, dock or similar structure may exceed 900 square feet.

(Ordinance 07-09-18E, sec. 3.13, adopted 9/18/07; Ordinance 2021-17, sec. II, adopted 5/18/21; Ordinance 2021-17, sec. XXIX, adopted 5/18/21; Ordinance 2021-17, sec. XXVIII, adopted 5/18/21; Ordinance 2021-17, sec. XXX, adopted 5/18/21; Ordinance 2021-17, sec. XXXI, adopted 5/18/21; Ordinance 2021-36, sec. XVII, adopted 9/21/21)

§ 14.02.414 Zone 12 Summit Rock Communities.

Applicable regulations.

Zoning and subdivision regulations.

The property shall be regulated for purposes of zoning and subdivision by chapter 10 and this chapter. Particular zoning classifications are set forth in this section. Where a general zoning item is not specifically addressed in this section but is addressed by this chapter, this chapter shall control. In the event of any conflict between this section and this chapter, this section shall control. Where an item is not specifically addressed in this section but is addressed by chapter 10 of this code, chapter 10 shall control. In the event of any conflict between this section and chapter 10 of this code, this section shall control.

Applicability of other regulations.

In the event of a conflict between this section and any other city ordinance, resolution, plan or policy that is applicable to the property, (A) this section shall control; and (B) such other ordinances, resolutions, plans, policies are deemed to be amended to the extent necessary to eliminate conflict as to the property. Notwithstanding the foregoing, development of the property shall be subject to ordinances that the city is required by state or federal law to adopt and apply uniformly to all property within its corporate limits, regardless of whether such ordinances conflict with this section.

Definitions.

The following definitions in this chapter are hereby amended and restated as follows:

Bicycling.

To ride or propel a device commonly known as a bicycle, unicycle, tricycle or similar non-motorized device; or to ride or propel a device commonly known as a scooter, with a deck designed to allow a person to stand or sit while operating the device, and includes such a device whether powered by electricity, gas, human or other power.

Family.

One or more persons related by blood, marriage, or adoption; or a group not all related by blood, marriage, adoption or guardianship not to exceed two persons per bedroom, occupying a dwelling unit.

The following definitions in chapter 10 are hereby amended and restated as follows:

City inspector.

The individual, or his/her designee, whether an employee of or contracted by the city to perform such services, with responsibility to review and approve construction plans for development projects. He/she is also responsible for overseeing the construction of the development to ensure that it meets the requirements of the project design standards.

Developer.

Summit Rock Communities LLC, its successors and assigns. The terms “subdivider” and “developer” are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation (or combination thereof), and/or any officer, agent, employee, servant and trustee thereof who performs or participates in the performance of any act toward the subdivision of land within the intent, scope and purview of this section and has been designated as a “developer” by the declarant.

PD concept plan.

Establishes the general guidelines for the PD zone by identifying the proposed land uses and intensities, thoroughfare locations, and open space boundaries and illustrates the integration of these elements into a master plan for the entire PD zone set forth as Exhibit A [attached to Ordinance 12-06-19A].

PD zone.

A planned development zone under this chapter.

Project.

The mixed-use development, which will include single-family residential land uses, multifamily, commercial, and retail land uses, together with recreational amenities and residential communities known as the Communities of Summit Rock.

Project design standard.

The design standards for construction set forth herein as Exhibit B [attached to Ordinance 12-06-19A].

Property.

The approximately 1,584 acres of land currently located within the corporate boundaries of the city and is also the project.

Regulations.

The city’s subdivision and development regulations as may be modified by the terms of this section.

Development amenities owner.

The following definitions in the planned development are hereby amended and restated as follows:

Amenities.

All recreational and recreational facilities and properties and supporting facilities and properties owned by Horseshoe Bay Resort, Ltd., or its subsidiaries, successors or assigns, and operated by Horseshoe Bay Resort and Members Club Inc., or its subsidiaries, successors or assigns, including, but not limited to, eighteen (18) hole golf course, Smokehouse, maintenance facility, clubhouse, and other recreational facilities, present or future.

Amenity owner.

Horseshoe Bay Resort, Ltd., and any successor or assign thereof to which Summit Rock Communities, LLC specifically assigns all or part of the rights of the declarant by an express written assignment.

Declarant.

Summit Rock Communities LLC, and any successor or assign thereof to which Summit Rock Communities, LLC specifically assigns all or part of the rights of the declarant by an express written assignment.

Summit Rock Communities, LLC as the provider of the development amenities and the Master Association when the amenities are transferred for maintenance.

Paved.

Roadway materials of hot-asphalt mix or concrete.

Summit Rock Architectural Committee.

The architectural committee having jurisdiction over the Summit Rock Covenants, Conditions and Restrictions (CC&Rs).

Zone 12 – generally.

Standards

The following provisions shall be applicable to all land within zone 12 regardless of classification and the restrictions and standards described in section 14.02.402 are hereby amended and restated as follows:

Roof.

No air-conditioning unit or evaporative cooler shall be placed upon or above the roof of any dwelling or other building except and unless the same is architecturally concealed from view.

Docks.

Docks or other devices for swimming or boating on creeks, ponds and rivers may be installed in accordance with the project design standards in Exhibit B [attached to Ordinance 12-06-19A].

Exteriors.

All structures must have exterior walls of at least fifty percent (50%) masonry on the surface of the walls excluding door frames and window frames. The exterior portion of all walls that are not masonry shall be painted or stained immediately upon completion or shall have color mixed into the final masonry.

Gas tanks.

Fences.

No fence or wall exceeding seven feet (7') in height shall be built on any lot.

Yard lights.

Decorative electric yard lights for single-family residential lots shall not exceed six and one-half feet (6.5') in height and shall be maintained in a working manner so that the light shall burn all night every night.

Utilities.

All utilities and utility services on all lots shall be installed underground and no above-surface utility wires will be installed on any lot outside any structure except for wires for any satellite dishes, broadband radio antennas, weather instruments, security devices, lightening arrestors, grounding rods, except as otherwise provided on any approved plat or plats filed of record covering such lot or as currently in place for property fronting RM 2147 and as permitted by Pedernales Electric Cooperative.

Sewer system.

Where a sanitary sewer system is made available to any lot on which a structure is located or being constructed, it is required that the structure be connected to and use such system, and no septic system shall be allowed without approval of an OSSF permit by the city.

Drainage.

Drainage structures shall always have a net drainage opening area of sufficient size to permit free flow of water in accordance with the requirements of LCRA Highland Lakes Watershed Ordinance, as amended.

Parking.

The owner of any lot shall provide appropriate paved space for off-street parking for the owner’s vehicles.

No motor vehicles, mobile homes, boats or recreational vehicles may be driven or parked in any yard, or in any common areas, the common maintenance areas or on any easement unless such motor vehicle, mobile home or recreational vehicle is in use for maintaining such area or easement. No boat and/or boat trailer, motorcycle, or recreational vehicle shall be permitted to remain overnight on any property, street or driveway exposed to public view.

Lot owners, guests and invitees of any owner will be allowed to park their vehicles along the street in front of the owner’s property provided that such persons:

Are not parked in front of the owner’s house for more than 12 hours;

Are not parked in front of the owner’s property overnight; and

Do not create a nuisance for other lot owners in zone 12.

Easements.

Within easements reserved, as shown on an applicable plat, no structure, fence, planting, or other material shall be placed on or permitted to remain which might damage or interfere with the installation and maintenance of utilities except as otherwise approved by the city or which might change direction of flow of drainage channels in the easements or which might obstruct or retard the flow of water through drainage channels except as otherwise permitted by the LCRA Highland Lakes Ordinance, as amended.

No drilling.

In relation to oil, gas, minerals and gravel, soil and rocks, no mining, exploring, drilling, development, refining, quarrying, or other operations of a related nature shall be permitted upon or on any lot.

Commercial vehicles.

No commercial vehicle will be parked on any street, right-of-way, or residential lot except within an enclosed structure which prevents such view thereof from adjacent lots and streets, unless such vehicle is temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. No vehicle of any size which normally transports inflammatory, explosive, or otherwise hazardous cargo may be kept at any time, except where such vehicle is temporarily delivering, loading or unloading its cargo.

(N)

Electrical power.

Subject to developer’s receipt of any temporary use permit from the city, no source of electrical energy will be brought to any lot or used upon any lot unless and until the city has issued a building permit for the erection of the permanent improvements to be located on said lot.

(O)

Occupancy of structures.

Subject to any temporary use permit issued by the city to the developer and/or amenity owner for any temporary structures, no structure will be occupied or used for the purpose for which it is designed or built or for any other purpose until a certificate of occupancy is approved by the city.

(P)

Roofing materials.

Only roofing materials which are fireproof and which are consistent with the exterior design, color and appearance of other improvements are allowed.

(Q)

Driveways.

Except lots in C-2, C-3, A-1 and R-2 or R-4, no lot shall have more than one (1) point of ingress/egress for vehicles and such point must connect to the street along such lot’s front lot line. A-1, R-2, and R-4 driveways may be shared between units. R-2 and R-4 multiple units may be accessed by private driveways within common areas connected to streets. Such private multiple unit access driveways must be no less than 20-feet wide.

(R)

Swimming pools.

Movable, aboveground swimming pools in excess of six feet (6') in diameter are strictly prohibited. All swimming pools in excess of six feet (6') in diameter must be of a permanent nature built into the ground and in a fence enclosure with self-closing and self-latching gates and otherwise comply with state law. No swimming pools shall be constructed in front or side yards.

(S)

Chimneys.

All chimneys shall be finished with a chimney cap compatible with the design of the residence. Spark arrestors are required.

(T)

Uses permitted.

For lots classified as any R-1 designation, and except for any common areas and those portions of zone 12 which are or have been dedicated or conveyed to the city, other governmental or quasi-governmental authority, or utility service provider: (i) no lot shall be used for any purpose other than construction and occupation thereon of the permitted number of dwelling units on the lot, including such accessory structures as are customarily incidental to those uses and not in conflict with any applicable law; and (ii) except in connection with the rental of any dwelling unit by the owner thereof for residential purposes or use by any owner of any dwelling unit in connection with any home occupation, no part of any lot in the following classifications R-1 Estate Single-Family Residential, R-1 Villa Single-Family Residential Only, R-2 Villas and R-4 Multifamily Residential, shall ever be used or caused to be used or allowed or authorized in any way, for commercial, technology, mercantile or other such nonresidential purposes.

(U)

Alternative transportation.

All means of alternative transportation devices shall be permitted on public and private streets.

Utility service.

The Water and Wastewater Agreement dated November 29, 2011 between the city and Summit Rock Communities LLC states the terms under which the city will provide water and wastewater utility service to Summit Rock Communities LLC. The agreement of the city to provide utility service under the terms of such agreement applies to all property in zone 12 Summit Rock except for the 12.95 acre C-2 Commercial Tract identified as A-3 in the Map Product Inventory included as Exhibit A to the Concept Plan [attached to Ordinance 12-06-19A].

Zone 12 land use classifications.

Zone 12 shall consist of the following land classifications, and the dimension and area standards within section 14.02.463(d)(4) are hereby superseded by the provisions in this subsection.

R-1 Cabin Single-Family Residential Only.

Uses permitted.

A single-family dwelling;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

Front yard setbacks shall conform to a minimum depth of fifteen (15) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;

A principal structure shall provide total side yards of not less than ten (10) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of fifteen (15) feet from the side street line;

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

No more than sixty [percent] (60%) of the total lot area shall be used for the dwelling and other enclosed structures.

Minimum dwelling unit size.

Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:

One story	1,400 sf
Two story	1,700 sf

Garage/carports/paved parking area.

All lots shall provide for either a paved parking area or one garage or one (1) carport of no less than two hundred and ten (210) square feet per dwelling unit so as to accommodate one standard-sized vehicle and such structure shall be connected to the main structure. The connection may be by a breezeway. Each carport or garage shall have a minimum width, as measured from inside column, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All carports shall be covered and all garages shall be enclosed.

R-1 Cottage Single-Family Residential Only.

Uses permitted.

A single-family dwelling;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

No more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

Excluding garage, covered porches, covered contiguous patios or other similar appendages:

One story	1,700 sf
Two story	2,000 sf

Garages.

All lots shall provide for at least one (1) garage of no less than five hundred and fifty (550) square feet per dwelling unit so as to accommodate two standard-sized vehicles and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed.

R-1 Estate Single-Family Residential Only.

Uses permitted.

A single-family dwelling;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

A principal structure shall provide total side yards of not less than fifteen (15) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line;

A rear yard shall be maintained of at least twenty-five (25) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

No more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

Excluding garage, covered porches, covered contiguous patios or other similar appendages:

One story	2,500 sf
Two story	2,800 sf

Garages.

All lots shall provide for at least one garage of no less than 550 square feet per dwelling unit so as to accommodate two standard-sized vehicles and one golf cart, and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be designed, erected, constructed, installed or maintained as side entry/load in such manner that the garage doors thereof shall not face the front of any other residence of any street, and shall not be located nearer than thirty feet (30') to any street curb. All garages shall be completely enclosed.

R-1 Golf Single-Family Residential Adjacent to Golf Course.

Purpose.

The purpose of the R-1 Golf classification is to serve as a transitional zoning designation abutting the golf course and adjoining R-1 Single-Family residential areas.

Uses permitted.

A single-family dwelling when the property is replatted.

Accessory structures necessary to such use located on the same lot.

Uses not permitted.

Other than a residential structure on a replatted lot in this classification, no structure higher than four feet (4') above natural grade on an R-1 Golf Single-Family Residential Lot Adjacent to Golf Course property that is transferred by a warranty deed or quitclaim deed from the golf course owner to a lot owner for the purpose of extending lot owners rear lot line.

Additional provision applicable to all property in this classification.

Upon transfer of property by golf course owner to the lot owner for the purpose of extending a lot owner’s rear lot line, both properties shall be replatted into one lot, and there shall be a note on the plat that the additional property is restricted to landscaping and outdoor recreational use only.

Maximum building height.

No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

A rear yard shall be maintained of a least twenty-five (25) feet from the rear lot line to the nearest building line.

Maximum area of dwelling:

Notwithstanding uses permitted herein, no more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:

One story	2,500 sf
Two story	2,800 sf

Garages.

R-1 Family Homesteads (8–12 acre tracts).

Uses permitted.

Any uses permitted in the R-1 areas;

Tract can be divided into no less than three-quarter (3/4) acre lots, such divided tracts of which are to be zoned R-1;

Casita maximum of four (4) per acre and maximum of 10 per tract;

Accessory structures necessary to such use located on the same tract;

Compound.

Maximum building height.

No dwelling unit erected on any acre lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

The principal structure and any casita shall provide total side yards of not less than ten (10) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of fifteen (15) feet from the side street line;

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

No more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size.

Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:

Main House
One story	1,700 sf
Two story	2,000 sf

Guesthouse
One story	550 sf
Two story	1,000 sf

Garages.

Main house shall provide for at least one (1) two-car garage and golf cart storage of no less than five hundred and fifty (550) square feet per dwelling unit so as to accommodate two standard-sized vehicles and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed. A guesthouse shall provide for at least one (1) carport of no less than two hundred and ten (210) square feet per guesthouse so as to accommodate one standard-sized vehicle and such structure shall be connected to the main structure. The connection may be by a breezeway. Each carport shall have a minimum width, as measured from inside column, of then [ten] feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All carports shall be covered.

R-1 Villa Single-Family Residential Only.

Uses permitted.

A single-family dwelling;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

A rear yard shall be maintained of at least ten (10) feet from the rear lot line to the nearest building line.

Minimum dwelling unit size.

Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:

One story	1,700 sf
Two story	2,000 sf

Garages.

All lots shall provide for at least one garage of no less than 550 square feet per dwelling unit so as to accommodate two standard-size vehicles and one golf cart, and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed.

R-2 Villas.

Uses permitted.

Any use permitted in the R-1 area that meets the requirements of the respective R-1 classification;

A two-unit dwelling or two (2) single dwellings;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

No more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size (per unit).

Excluding garage, covered porches, covered contiguous patios or other similar appendages:

One story	1,700 sf
Two story	2,000 sf

Garages.

All units shall provide for at least one (1) garage of no less than four hundred (400) square feet per dwelling unit so as to accommodate one standard-sized vehicle and one (1) golf cart and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed.

R-4 Cabin Multifamily Residential.

Uses permitted.

Any use permitted in the R-1 area that meets the requirements of the R-1 classification and any use permitted in the R-2 area;

Two or more dwelling units;

Shared common area drive and parking off main interior road;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling.

No more than sixty (60%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size (per unit).

Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:

One story	1,400 sf
Two story	1,500 sf

Carport.

All units shall provide for at least one (1) carport of no less than two hundred and ten (210) square feet per dwelling unit so as to accommodate one standard-sized vehicle and such structure shall be connected to the main structure. The connection may be by a breezeway. Each carport shall have a minimum width, as measured from inside column, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All carports shall be covered.

R-4 Multifamily Residential Condominiums, Townhomes and Apartments.

Uses permitted.

Any use permitted in the R-1 area that meets the requirements of the R-1 classification and any use permitted in the R-2 area;

Three or more dwelling units only when in the C-3 classification;

Shared common area drive and parking off main anterior road;

Accessory structures necessary to such use located on the same lot.

Maximum building height.

No dwelling unit erected on any lot shall have more than four (4) stories, or exceed a maximum height of forty-eight feet (48') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of fifty-five feet (55') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a four-story dwelling unit where necessary due to topographical considerations on such lot.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.

Maximum area of dwelling:

No more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.

Minimum dwelling unit size (per unit).

Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:

One story	1,200 sf
Two story	1,700 sf

Parking.

C-2 Commercial.

Uses permitted:

Retail or wholesale stores or businesses not involving any kind of manufacture, processing, or treatment of products other than that which is clearly incidental to the retail or wholesale business conducted on the premises and which is compatible with the uses permitted below;

Automobile parking areas;

Public agency facilities and structures;

Restaurants, tea rooms and cafes, including those offering on- and off-premises sale of alcoholic beverages, where the law provides;

Theaters and auditoriums (except for drive-in theaters);

Hotel, motel, or commercial lodging facility, except for an RV park;

Assisted living facility;

Office, professional and general business;

Medical facility;

Health club, health spa, exercise/fitness center;

(xi)

Clubhouses, golf and tennis pro shops and attendant facilities, located in and surrounded by R-1 classifications;

(xii)

Accessory structures to be located on the same lot as may be reasonably necessary and appropriate.

The following provisions shall be applicable to all land within this zone classified as C-2 general commercial:

Maximum building height.

The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot, except clubhouses which shall be limited to thirty-two (32) feet.

Maximum area of building.

Building area shall not exceed sixty percent (60%) of the area of the lot.

Landscaping.

Provision of landscaping between parking areas and main access areas, except for access driveways. All parking lots must be landscaped. See diagram 1 for example.

Parking.

A minimum of one (1) parking space per 250 square feet of net rentable space is required. All required parking spaces are to be 10 feet wide by 20 feet long.

(Reserved)

Texas Accessibilities Standard.

As to any buildings within C-2 classification which are commercial facilities open to the public, the owner of such building shall confirm that such construction plans have been certified as to their compliance with the Texas Accessibilities Standard requirements and registered with the Texas Department of Licensing and Registration (TDLR). An inspector certified by TDLR shall conduct a final compliance inspection of the building, and such expense shall be borne by the owner of such building.

Conditional uses.

The following uses shall require approval of a conditional use permit, in accordance with Part VIII Conditional Use Permits (CUPs) of this article.

A bar as defined in section 14.02.002 of this article

Multifamily residential

Personal storage building

Convenience store with a maximum of 8 gas pumps

Wireless communications tower

Contractor’s office - no outside storage

Self-service storage units

Research lab - non-hazardous

Community garden less than 1 acre

Farmer’s market less than 1 acre

Green plaza/park

Pavilion

Dog/animal park

Biking center

Kiosk

Church

Library

Amphitheater

Office/warehouse

Temporary real estate sales office for new development

C-3 Commercial.

Uses permitted.

Any use permitted in R-4 Multifamily Only and C-2 Commercial;

Master planning of all of the following uses is required, along with Summit Rock Architectural Committee and city approval:

Regional hospital;

A heliport and medical flight services;

Medical offices;

Medical facilities such as a rehabilitation center or long-term acute care center;

Large scale retail and professional buildings;

Hotel/motel;

High tech manufacturing;

Higher education and private school campuses;

Accessory structures to any of the foregoing permitted structures and uses.

Prohibited uses and structures.

Any except as otherwise provided in this section, any activity which produces nuisances as described in the city’s ordinances is prohibited. Noise produced by helicopters and ambulances providing service associated with medical facilities shall not be construed to constitute a nuisance. Use of the heliport for purposes other than transporting patients, personnel, or supplies is prohibited.

Minimum lot size.

Area: 10 acres

Minimum perimeter building setbacks.

Abutting a:	Residential Use	Nonresidential Use
	100 feet	40 feet

Minimum perimeter buffer zone.

Abutting a:	Residential Use	Nonresidential Use
	50 feet, landscaped or naturally vegetated	20 feet, landscaped or naturally vegetated

Architectural controls.

Height.

A hospital building shall be limited to 160 feet above the highest natural grade under the slab.

A hotel building, a parking structure and a rehabilitation center, long-term acute care center, or other medical facility buildings shall be limited to 70' above the highest natural grade under the slab

All other structures in this district shall have a maximum of three (3) stories, and shall be limited to 45' above the highest natural grade under the slab.

Exterior walls.

The exterior portions of the walls that are not masonry shall be painted or stained immediately upon completion or shall have color mixed in final structural application, excepting woods that are commonly used without such finishes, so that all such materials shall have a finished appearance.

Spacing.

Commercial structures, excluding accessory structures, shall be spaced a minimum of thirty (30) feet apart.

Parking.

A minimum of one (1) parking space per 250 square feet of net rentable public space is required for retail operations and professional and office buildings. All required parking spaces are to be 10 feet wide by 20 feet long.

Lighting.

In areas where necessary, and specifically for the heliport, heliport walkway, and emergency room receiving area, lighting in excess of 4 footcandle power, as required by state and federal regulations, shall be permitted. The heliport shall be lit only when it is in operation.

Street and parking lot lighting shall be subject to the standards established elsewhere by city ordinances.

No lighting shall project across the property line or into adjacent roadways.

Landscaping.

Provision of a landscape barrier between parking and main access, except for access driveways. All parking lots must be landscaped.

Maximum area of buildings.

The ground floor of a building or structure shall not exceed 50,000 square feet or be less than 6,000 square feet, except hospital, parking structures, hotels, long-term acute care centers, or other medical facility buildings which shall not exceed 45,000 square feet. Maximum building area shall not exceed 65 percent of the area of the lot

Roofs.

Elsewhere in its ordinances, the city requires a minimum roof pitch for all nonresidential structures of 4 inches in height to 12 inches in length. In this district, hospital buildings and parking structures are exempt from this requirement.

Hours of operation.

Hotels, medical and long-term care facilities in this district shall be allowed to operate 24 hours a day seven days a week.

Boundaries.

The boundaries of this district are defined in the map attached to Ordinance 12-06-19A.

Texas Accessibilities Standard.

As to any buildings within C-3 classification which are commercial facilities open to the public, the owner of such building shall confirm that such construction plans have been certified as to their compliance with the Texas Accessibilities Standard requirements and registered with the Texas Department of Licensing and Registration (TDLR). An inspector certified by TDLR shall conduct a final compliance inspection of the building, and such expense shall be borne by the owner of such building.

Conditional uses.

The following uses shall require approval of a conditional use permit, in accordance with Part VIII Conditional Use Permits (CUPs) of this article.

A bar as defined in section 14.02.002 of this article

Multifamily residential

Personal storage building

Convenience store with a maximum of 8 gas pumps

Wireless communications tower

Contractor’s office - no outside storage

Self-service storage units

Research lab - non-hazardous

Community garden less than 1 acre

Farmer’s market less than 1 acre

Green plaza/park

Pavilion

Dog/animal park

Biking center

Kiosk

Church

Library

Amphitheater

Office/warehouse

Temporary real estate sales office for new development

A-1 Recreation.

Purpose.

This classification is intended to establish and preserve attractive recreational facilities including golf course, driving ranges, natural or artificial hazards for the game of golf, tennis courts, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.

Uses permitted.

Golf courses including tees, fairways, driving range, golf greens, natural and artificial hazards, golf cart repair and servicing facilities, golf cart barn and golf course maintenance facilities;

Golf academies;

Tennis courts, related facilities or clubhouses;

Swimming pools, related facilities or clubhouses;

Property owner’s association facilities and meeting facilities;

Parks;

Accessory structures and uses incidental to the foregoing;

Minimum lot dimensions:

Area (minimum) subject to approval by the city;

Depth (minimum) subject to approval by the city;

Width (minimum) subject to approval by the city;

Lot coverage (percentage) subject to approval by the city.

Minimum building setbacks:

Streets: 25';

Side: 10' except a minimum of 40' for any sides(s) that adjoin residential classifications;

Rear: 25'.

DR Development Reserve.

Purpose.

The purpose of the DR Development Reserve classification is to function as a holding zone, on property which there is no immediate or anticipated use until such time as development is proposed for the property. Such planned development will require an amendment to this section.

Uses permitted.

All existing uses and structures may remain on the site;

Vacant land;

Agriculture and forestry;

Use of existing wells and septic systems to serve existing residential uses in the zone.

No subdivision of land.

No land in the DR zone can be subdivided without first obtaining a rezoning for the property, consistent with the uses and zoning permitted under an amendment to this section.

GUI Governmental, Utility or Institutional.

Purpose.

Uses permitted.

Facilities owned and/or operated by the federal, state, or local government or political subdivisions thereof (e.g. municipal water districts, fire stations, etc.);

Schools, either public or private, nonprofit;

Churches;

Uses required by both public and private utilities;

Accessory uses incidental to any of the foregoing permitted uses.

Minimum lot dimensions.

Area: Subject to approval by the city;

Depth: Subject to approval by the city;

Width: Subject to approval by the city;

Lot coverage (maximum percentage): Subject to approval by the city.

Minimum building setbacks.

Streets: 25';

Side: 10';*

Rear: 10'.*

* A minimum of ten (10) feet except a minimum of twenty-five (25) feet for any side or rear that adjoins residential classifications.

Amendments to preliminary plats, phased preliminary plats and PD concept plan.

Revisions to approved preliminary plats and phased preliminary plats may be made in accordance with chapter 10 of this code, as amended by this section.

Notwithstanding section 14.02.467, PD concept plans are considered part of the PD Ordinance. Any amendment to a PD concept plan shall be considered a zoning change, and shall be processed as such, unless the changes are provided for in the PD Ordinance. The following changes may be made without the necessity of instituting the proceedings necessary for a zoning change:

Changes in the lot size or configuration;

Changes in a local street width, length or alignment;

Changes in a utility or access easement;

Changes in street layouts; or

Adjustments to the amount of parkland or open space within any phase other than phase 1 to not less than twenty-five percent (25%) of the gross site acreage.

Amendments to subdivision chapter.

Division 9 of the subdivision chapter permits the city council to vary the development standards set forth in chapter 10. This section hereby amends and restates or deletes the following provisions of the subdivision chapter as noted herein.

References to the Subdivision Chapter		Action:
1.	All references to the term “Ordinance” in Chapter 10	shall hereby be amended to mean “the Subdivision Chapter as amended and modified by the PD Ordinance.”
2.	All references to the term “General Design Standards of the City” in Chapter 10	shall hereby be amended to mean “the Project Design Standards as described in Appendix B to the PD Ordinance.”
3.	Article 10.03 Section 10.03.008 Legal Provisions - Conflicting Orders	hereby amended and restated as follows: “1. Conflicting Orders. If any other City order as to development standards, including the Subdivision Ordinance, is in conflict with this Ordinance, this PD Ordinance shall control.”
4.	Article 10.03, Section 10.03.010 General Design Standards	hereby amended and restated as follows: “All improvements required by this Ordinance shall be constructed and installed in accordance with the Project Design Standards as set forth in Appendix B to the PD Ordinance”.
5.	Article 10.03 Section 10.03.043 Construction and Maintenance Bonds	hereby amended and restated as follows: “All construction shall be complete within a timely manner but not later than ten (10) years after approval of final plat, and in accordance with the terms and specifications contained herein. To ensure such timely completion, the Developer shall file a construction bond, payment and performance bond or other type of financial assurance acceptable with the City. If a Developer chooses to file a construction bond, said bond shall be executed by a surety company authorized to do business in this State, and made payable to the Mayor of the City or his/her successors in office as an additional insured.
		a. Unless the City Council determines a lesser amount, the amount of the bond shall be equal to the estimated cost of construction of roads, streets, street signs, utilities, required drainage structures and all other infrastructure construction.
		b. The Developer and City Council may agree that construction of the roads, streets, street signs, utilities, drainage structures and other infrastructure construction be undertaken in phases. In that case, to ensure such timely completion, the Developer shall file a construction bond or other type of financial assurance acceptable with the City. If a Developer chooses to file a construction bond, said bond shall be executed by a surety company authorized to do business in this State, and made payable to the Mayor of the City or his/her successors in office as an additional insured. Unless the City Council determines a lesser amount, the amount of the bond shall be equal to the estimated cost of construction of roads, streets, street signs, utilities, required drainage structures and all other infrastructure construction.
		c. The construction bond shall be submitted to the City Council with the final plat.
		d. The construction bond for a phased project shall remain in full force and in effect until all the roads, streets, street signs, underground utilities, required drainage structures and other infrastructure construction are completed for that phase to the satisfaction of the Director of Public Works and the City Council has released the construction bond.
		e. In the event any or all of the streets, roads, drainage and drainage structures, as constructed by the Owner, fail to meet the requirements of the foregoing specifications, and the said Owner fails or refuses to correct the defects called to his/her attention by the City Council, the unfinished improvements shall be completed at the cost and expense of Owner as provided.
		f. The City may draw on the construction bond and pay the cost of completing the unfinished improvements if the City determines that the Owner has breached the obligations secured by the construction bond or the two (2) year time period for each phase for the construction of all required improvements has expired. The City shall refund the balance of the construction bond, if any, to Owner. The Owner shall be liable for the cost that exceeds the amount covered by the construction bond, if any.”
6.	Article 10.03 Section 10.03.043(b) Construction and Maintenance Bonds	hereby deleted in this PD Ordinance with respect to the Property or Project.
7.	Article 10.03 Section 10.03.009 Discrepancies	hereby amended and restated as follows: “Where a discrepancy exists between the requirements established in this PD Ordinance and the requirements of the building, fire, electrical, mechanical or any other applicable code, or any state or federal law, then the more restrictive requirements shall apply.”
8.	Article 10.03, Section 10.03.045 Special Provisions	hereby amended and restated as follows: “The City has the authority to withhold the issuance of a building permit for the erection of any building on a newly subdivided parcel of land for which no performance bond is in place until all the requirements of this Subdivision Chapter have been complied with, including installation of, and acceptance by, the City of all public improvements and facilities for the areas designated.”
9.	Article 10.03, Section 10.03.122(2)(C) Preliminary Plats - General Provisions	Is hereby amended and restated as follows: “c. Name of the subdivision, The Communities of Summit Rock.”
10.	Article 10.03, Section 10.03.122(2)(G) Preliminary Plats - General Provisions	Is hereby amended and restated as follows: “g. The location and approximate dimensions, description, and name of all proposed streets, subject to City and County approval and applicable 9-1-1 requirements, common areas, parks, public areas, playgrounds or other similar uses, reservations, easements, visibility easements or rights-of-way, blocks, lots and watercourses.”
11.	Article 10.03 Section 10.03.124 Revisions to Approved Preliminary Plats	hereby amended and restated in its entirety as follows:
		“1. Minor Revision to Approved Preliminary Plats. The Development Services Manager may administratively approve minor revisions to approved Preliminary Plats. A minor revision is one that (“Minor Revision”):
		(a) Changes the lot size or configuration;
		(b) Adjusts the number of lots in the overall Project to no more than 1,600;
		(c) Changes a local street width, length or alignment;
		(d) Changes a utility or access easement;
		(e) Changes street layouts in any phase other than Phase 1 (as defined in the PD Ordinance); or
		(f) Adjusts the amount of parkland or open space within any phase other than Phase 1 to not less than twenty-five percent (25%) of the gross site acreage.
		2. Major Revisions to Approved Preliminary Plats. The City Council may approve major revisions to approved Preliminary Plats. A major revision is any revision other than a Minor Revision.”
12.	Article 10.03 Section 10.03.126(c)(3) Phased Preliminary Plat	is hereby amended and restated as follows: “c. Name of the subdivision is The Communities of Summit Rock”
13.	Article 10.03 Section 10.03.126(d) Phased Preliminary Plat	is hereby amended and restated in its entirety as follows: “4. The overall layout of a phased preliminary plat, as contained in the PD Concept Plan labeled as “Master Plan” and “Overall Phasing Map” has been approved by City Council, shall be attached to and filed in the permanent records of Development Services. All subsequent final plats shall be in accordance with the approved phased preliminary plat. Provided, however, that the Development Services Manager may authorize Minor Revisions to the approved phased preliminary plat where the Development Services Manager determines such adjustments are allowable hereunder and consistent with the intent and general layout of the approved phased preliminary plat. Where the final plat deviates from the approved phased preliminary plat other than as to Minor Revisions, such final plat shall not be approved until it reflects the originally approved phased preliminary plat other than as to Minor Revisions, or a phased preliminary plat has been approved in accordance with this section. However, the City Council shall not change such approved overall layout unless the subdivider agrees to such change.”
14.	Article 10.03, Division 9 Planned Development Districts	[is hereby amended and restated as follows:] “1. In certain instances, the purposes of this Ordinance may be achieved in the development of planned units which do not conform in all respects with the land use pattern designated in the Comprehensive Development Plan, or the subdivision requirements of this Ordinance. A Planned Development District (PD) may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. 2. For purposes of this Ordinance, a Planned Development District shall have the same meaning as provided for as a Planned Development Zone in the Zoning Chapter. (f) A statement related to the adequacy or inadequacy of the public facilities and utilities and whether such facilities and utilities will be expanded. (g) A statement of the proposed method of financing the development in sufficient detail to evidence the probability that the Developer will be able to finance or arrange to finance the development.”
15.	Article 10.03 Section 10.03.372 Dedication of Streets, Municipal Acceptance and Maintenance Prior to Acceptance	is hereby deleted in its entirety in this PD Ordinance with respect to the Property or Project.
16.	Article 10.03, Section 10.03.373 Design and Construction Standards	is hereby amended and restated as set forth in Appendix B of this PD Ordinance.
17.	Article 10.03, Section 10.03.374 Private Streets and Easements	is hereby deleted in its entirety in this PD Ordinance with respect to the Property or Project.
18.	Article 10.03, Section 10.03.376 Signs	is hereby amended and restated as follows: “1. Within the Project boundaries and to the extent it does not violate any other law or regulation, Developer shall have discretion as to the design of the private street entrance signage, boulevard directional signage, sub-section entry signage, portal entry signage, as well as other types of private roadway markings. 2. Although the City will attempt to keep all other traffic and safety signage in conformance with the aesthetics of the Project, all other traffic and safety signs shall be designed in accordance with and conform to the Texas Manual on Uniform Traffic-Control Devices, as amended.”
19.	Article 10.03, Section 10.03.424(a) Street Improvements	is hereby amended as follows: “1.a. All streets shall be constructed in accordance with the Project Design Standards set forth in Appendix B of the PD Ordinance.”
20.	Article 10.03, Section 10.03.424(b), (c), (d) and (g) Street Improvements	are hereby deleted in its entirety in this PD Ordinance with respect to the Property or Project.
21.	Article 10.03, Section 10.03.424(h)(2) Street Improvements	is hereby amended and restated as follows: “b. Construction shall be in accordance with the Project Design Standards.”
22.	Article 10.03, Section 10.03.427 Screening Walls	is hereby amended and restated as follows: “2.a. For lots backing up to Highway 2147, a screening wall of at least six (6) feet in height shall be provided and maintained along the property line of any subdivision of single-family or multifamily lots where the rear of such lots abuts any arterial thoroughfare or a major collector street.”
23.	Article 10.03, Section 10.03.429 Drainage and Channel Alterations	is hereby amended and restated as follows: “All channel alterations and storm sewer construction shall comply with the LCRA Highland Lakes Ordinance, as amended.”

(g)

Penalties and enforcement.

To the extent not otherwise modified by the provisions contained in this section, the provisions contained in division 5, penalties and enforcement of this chapter pertain to zone 12.

(h)

Zoning map amended.

That the official zoning district map of the city hereto adopted be and is hereby amended to reflect the zoning changes made as shown on Exhibit A Concept Plan Map 1 Zoning [attached to Ordinance 12-06-19A].

(Ordinance 12-06-19A adopted 6/19/12; Ordinance 12-12-11A, sec. II(a), adopted 12/11/12; Ordinance 12-12-11A, sec. II(b), adopted 12/11/12; Ordinance 12-12-11A, sec. II(c), adopted 12/11/12; Ordinance 12-12-11A, sec. II(e), adopted 12/11/12; Ordinance 12-12-11A, sec. II(f), adopted 12/11/12; Ordinance 12-12-11A, sec. II(g) and (h), adopted 12/11/12; Ordinance 2018-19, sec. VII, adopted 9/18/18; Ordinance 2018-19, sec. VIII, adopted 9/18/18; Ordinance 2019-06, sec. IX, adopted 11/13/18; Ordinance 2019-06, sec. VII, adopted 11/13/18; Ordinance 2019-06, sec. VIII, adopted 11/13/18; Ordinance 2019-21, sec. IV, adopted 3/19/19; Ordinance 2019-21, sec. VI, adopted 3/19/19; Ordinance 2020-01, sec. XXIX, adopted 10/15/19; Ordinance 2020-01, sec. XXVII, adopted 10/15/19; Ordinance 2020-01, sec. XXVIII, adopted 10/15/19; Ordinance 2020-06, sec. VII, sec. 12/10/19; Ordinance 2020-06, sec. VIII, sec. 12/10/19; Ordinance 2021-36, sec. XVIII, adopted 9/21/21)

§ 14.02.415 Zones 16 and 18.

Zone 16 (Amenities Land) and Zone 18 (Nonsubdivision Tracts) were described in the original comprehensive development plan. The city has zoned these properties with the zone adjacent to the particular properties and depicted such lands within such zones on the zone map, and has amended the comprehensive development plan to delete the zones, as appropriate.

(Ordinance 07-09-18E, sec. 3.15, adopted 9/18/07)

§ 14.02.416 Zone 13 Caprock.

Tract BBB-2A of Horseshoe Bay West Plat No. W15.67 is a unique zone within the City, being an area around which the community and City of Horseshoe Bay were founded, and being an area which the citizens of Horseshoe Bay hope to see develop in the high-quality manner as they have heretofore developed;

Tract BBB-2A of Horseshoe Bay West Plat No. W15.67 is not subject to the restrictive covenants of any existing subdivision whereas the majority of the other zones within the City are subject to such restrictions, creating a perception that fewer safeguards exist to protect the high quality of development within the zone. The owners of Tract BBB-2A and the City have agreed since the inception of the temporary moratorium, and continue to agree that a Master Plan for the Zone is the best method to ensure quality of development;

Tract BBB-2A is a vacant tract of land (legal description - Tract BBB-2 A of Horseshoe Bay West Plat No. W15.67, Horseshoe Bay, Llano County, Texas) at the northwest comer of Horseshoe Bay Blvd. and Hi Circle North. However, the plans for development in the Zone is still being determined and have not been finalized. The owners of the property in Tract BBB-2A continue to assure the City that a Master Plan for development will be presented to the Council as soon as possible and before February 20, 2024;

Since enactment of the temporary moratorium the City Council has adopted a zoning ordinance, a building permit ordinance and a subdivision ordinance that applies to the entirety of the City. The City Council is prepared to enact a Zoning Amendment at this time Tract BBB-2A but in reliance on the property owner's request that the City wait for the Master Plan, the Council is willing to postpone such action at this time;

Representatives of the City Council have met and will continue to meet with principal developers and land owners in Tract BBB-2A to engage in discussions that may lead to development under a Master Plan acceptable to the City and the developers, which may include establishment of one or more Planned Development Districts, but developers and land owners need additional time to complete the Master Plan and present it to the City, so that the developers and owners of Tract BBB-2A consent to an additional extension of the temporary moratorium to apply to all of the remaining property in said zones;

Additional time is needed and the temporary moratorium should be extended to allow the City Council time to both develop further suitable land use regulations and to work with the principal developers and land owners in Tract BBB-2A in order to ensure that the development in Tract BBB-2A fulfills the goals of such developers and land owners and is in the best interest of the City.

(Ordinance 06-04-27 adopted 4/27/06; Ordinance 06-08-22C adopted 8/22/06; Ordinance 06-12-12F adopted 12/12/06; Ordinance 07-04-17A adopted 4/17/07; Ordinance 07-08-13 adopted 8/13/07; Ordinance 07-09-18E, secs. 3.16, adopted 9/18/07; Ordinance 07-12-11A adopted 12/11/07; Ordinance 08-03-11A adopted 3/11/08; Ordinance 10-03-16B adopted 3/16/10; Ordinance 12-02-21E adopted 2/21/12; Ordinance 14-02-18C adopted 2/18/14; Ordinance 16-02-16C, sec. II, adopted 2/16/16; Ordinance 2018-08 adopted 2/20/18; Ordinance 2020-18 adopted 7/21/20; Ordinance 2022-11 adopted 4/19/22; Ordinance 2022-25 adopted 9/20/2022; Ordinance 2022-25 adopted 9/20/2022)

§ 14.02.417 (Reserved)

Editor’s note–Former section 14.02.417 pertaining to zone 14 HSB Blvd. Corridor was deleted in its entirety by Ordinance 2019-21, sec. V, adopted 3/19/19. Prior to the deletion this section derived from the following: Ordinance 06-04-27 adopted 4/27/06; Ordinance 06-08-22C adopted 8/22/06; Ordinance 06-12-12F adopted 12/12/06; Ordinance 07-04-17A adopted 4/17/07; Ordinance 07-08-13 adopted 8/13/07; Ordinance 07-09-18E, sec. 3.17, adopted 9/18/07; Ordinance 07-12-11A adopted 12/11/07; Ordinance 08-02-19D adopted 2/19/08; Ordinance 08-03-11A adopted 3/11/08; Ordinance 10-03-16B adopted 3/16/10; Ordinance 12-02-21E adopted 2/21/12; Ordinance 12-12-11B, sec. II(a)–(g), adopted 12/11/12; Ordinance 14-02-18C adopted 2/18/14; Ordinance 16-02-16C, sec. II, adopted 2/16/16; Ordinance 2018-08 adopted 2/20/18. All of the Planned Development (PD) authorizations below have been assigned to the individual tracts (lots) in Zone 4A Horseshoe Bay:

Tract 1

Tract CCC-1 of Horseshoe Bay Plat No. 21.16, with PD Authorization from Ordinance No. 07-10-16E;

Tract 2

Lot 28005-A of Horseshoe Bay Plat No. 28.44 and Tract J-9 of Horseshoe Bay Plat No. 28.48 - PD Authorization - None

Tract 3

Tract J-5 of Horseshoe Bay Plat No. 28.36 - PD Authorization - None

Tract 4

Tract J-7 of Horseshoe Bay Plat No. 28.49 - PD Authorizations:

Maximum building height:

Thirty-five (35) feet above grade.

Area of building:

Ground floor area of a building or structure shall not exceed 30,000 square feet. Building area shall not exceed sixty percent (60%) of the area of the lot.

Spacing:

Commercial structures shall be spaced a minimum of thirty (30) feet apart, excluding accessory structures, i.e. Resort Member and Guest Service Areas and Break-out Areas of associated use with their principal commercial structure.

Fencing height:

Fences for recreational uses may have a maximum height of ten (10) feet above the playing surface.

Building setbacks:

Three (3) fifteen (15) foot areas as depicted in the Concept Plan.

Landscape buffer:

A five (5) foot landscape buffer including water features will be provided.

Tract 5

Lot 28043-C of Horseshoe Bay Plat No. 28.52 with PD Authorizations:

Building setbacks:

Setbacks shall be a minimum often (10) feet, except that the front yard setback shall be twenty (20) feet.

Parking:

Off-site parking shall be allowed to be counted in fulfilling parking requirements.

Building area shall not exceed eighty percent (80%) of the area of the lot.

The street will be dedicated to public use by a note on the replat.

Building height:

Building height shall be a maximum of one story

Tract 6

Lot 28026-A of Horseshoe Bay Plat No. 28.51 with PD Authorization: Surface parking lot

Tract 7

Lot 28026-A of Horseshoe Bay Plat No. 28.50 with PD Authorization: Surface parking lot

Tract 8

Lot 15061-A of Horseshoe Bay Plat No. 15.70 with PD Authorizations:

Surface parking and garage parking up to three (3) stories and thirty (30) feet above grade. There will only be one entrance or exit off Port Street, and the entrance or exit will be prior to the cul-de-sac on Port Street. The city will have the right to approve the architectural appearance and landscaping.

Tract 9

Tract J-8 of Horseshoe Bay Plat No. 28.51 with PD Authorizations:

Maximum building height:

Thirty-five (35) feet above the highest natural contour.

Floor area:

Ground floor area of building or structure shall not exceed 30,000 square feet.

Spacing:

Commercial structures shall be spaced a minimum of thirty (30) feet apart, excluding accessory structures, i.e. Resort Member Guest Service Areas and Break-out Areas of associated use with their principal commercial structure. Off-site parking shall be allowed in fulfilling parking requirements

Parking:

Parking spaces will be provided at the various facilities, except for the Lazy River. For the Lazy River off-site parking shall be allowed to be counted in fulfilling parking requirements.

Fencing height:

Fences for recreational uses may have a maximum height of ten (10) feet above playing surface.

Landscaping buffer:

A five (5) foot landscape buffer including water features will be provided adjacent to the Courtside Townhouses.

Tract 10

Tract BBB-3 Horseshoe Bay Plat No. 15.27 with PD Authorization: Surface parking lot

Tract 11A

Lot 15041-A, Horseshoe Bay Plat No. 15.63 with PD Authorization: Surface parking

Tract 11B

Tract AAA-5 Horseshoe Bay Plat No. 64.2 with PD Authorization: Surface parking, and may be a parking garage up to 3 stories above grade

Tract 12

6.10 acres of Tract AAA-2A, Horseshoe Bay, Plat No. 64.3 recorded in Volume 15, Page 56 Llano County, only 4.13 acres of which lies beyond the 825' contour of Lake Lyndon B. Johnson with PD Authorizations:

Members Club Complex

Height:

Maximum building height of forty-five (45) feet above grade.

Area:

Ground floor area of a building or structure shall not exceed 40,000 square feet. Building area shall not exceed eighty five percent (85%) of the area of the lot.

Spacing:

Commercial structures shall be spaced a minimum of thirty (30) feet apart, excluding accessory structures, i.e. Resort Member and Guest Service Areas and Break-Out Areas of associated use with their principal commercial structure.

Parking:

Off-site parking may be counted in fulfilling parking requirements.

Fencing height:

Fences for recreational uses may have a maximum height of eight (8) feet above playing surface.

Building setbacks:

None required.

Developer shall have the right to build beyond the 825'foot contour line of Lake Lyndon B. Johnson, subject to other legal requirements.

Tract 13

Tract AAA-2B of Horseshoe Bay Plat No. 64.4 - with PD Authorizations:

Marina

Uses permitted:

a.)

Commercial boat slips

b.)

Day Docks

c.)

Board Walks

d.)

Fuel Sales and Storage

Boat Launch

Boat Storage

Restaurants

Retail

Marina Rentals

Boat Sales

Parking:

For floating boat slips, one (1) parking space is required for every ten (10) floating boat slips. Off-site parking may be counted in fulfilling parking requirements.

Building setbacks:

None required.

Tract 14

Lot 15030 Horseshoe Bay, Plat No. 15.1 - PD Authorization: None

§ 14.02.418 Zone 15 Airport.

This zone is intended to provide facilities for the operation of airplanes from an airport surrounded by residential uses. Accessory uses are limited to noncommercial aviation activities and services dependent upon direct access to airport facilities. The site should also contain adequate space for required off-street parking and for buffering from residential zones. All structures within this zone must be constructed according to the city’s building ordinance and be architecturally and aesthetically compatible with each other. The following provisions shall be applicable to all land within Zone 15, regardless of classification:

Uses permitted.

(Reserved)

The taking off and landing of airplanes;

Structures and facilities for the supply and fueling of airplanes by persons or entities authorized by the owner of the airport facilities;

Office and storage facilities for the operation and maintenance of the airport;

Hangars for the shelter of airplanes;

Servicing of airplanes by airplane owners or their representatives;

By owners of the airport facilities: sales of aviation fuel and oil; rental of hangar, ramp, and vehicular parking spaces to area residents on a contracted basis; rental of ramp tie-down space on a temporary basis to transient aircraft.

On R-1 Single-family zoned lots, one single-family residence.

On C-2 General Commercial zoned lots, a commercial hangar or an airport operations hangar, with a maximum building height of 35 feet.

Uses prohibited.

Use of airplanes that exceed a certified gross take-off weight of one hundred twenty-five thousand (125,000) pounds.

The accessing, occupying, or using for any purpose other than accessing, taking off, and landing of airplanes, of the area on and within fifty (50) feet of a runway located within this zone. Except for the operators of the airport facilities or their agents in the discharge of their duties, the prohibited uses shall include, but not be limited to walking, jogging, roller-skating, bicycling, and use of golf carts and any other motor vehicle other than an airplane.

Minimum lot dimensions.

Area (minimum): Subject to approval.

Depth (minimum ft.): Subject to approval.

Width (minimum ft.): Subject to approval.

Lot coverage (maximum percentage): Subject to approval.

The following provisions shall be applicable to all land within Zone 15 classified as AM-1 Airport Mixed Use:

Uses permitted:

All uses permitted in subsection (b) of this section;

Single-family dwellings with the same development provisions as those of R-1 lots in Zone 4A Horseshoe Bay;

Single-family dwellings with airplane hangars for airplane and vehicle storage only on the same lot, with replatting of more than one lot usually being required, with the same development provisions as those of R-1 lots in Zone 4A Horseshoe Bay;

Hangars on individual lots only, on Lot Nos. 1001-1005, 1007-1012, 2060, and 2061, of Horseshoe Bay Plat No. 1.1;

Landscaping only;

Accessory structures necessary to such use located on the same lot.

Uses prohibited.

All uses prohibited in subsection (c) of this section and airplane hangars on individual lots.

Maximum building height.

The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot.

Maximum area of building.

Building area shall not exceed sixty percent (60%) of the area of the lot.

Exterior walls.

All buildings or structures must have exterior walls of fifty percent (50%) masonry covering on the total of all exterior walls, excluding doors and windows. Front and side exterior walls shall be 100% masonry. The exterior portions of the walls that are not masonry shall be painted or stained immediately upon completion or shall have color mixed in final structural application, excepting acceptable woods that are commonly used without such finishes, so that all such materials shall have a finished appearance. No plywood, pressboard, particleboard, or similar type of material shall be used on any exterior wall or any structure.

Minimum lot dimensions.

Area (minimum): Subject to approval.

Depth (minimum. ft.): Subject to approval.

Width (minimum ft.): Subject to approval.

Lot coverage (maximum percentage): Subject to approval.

(Ordinance 07-09-18E, sec. 3.18, adopted 9/18/07; Ordinance 08-11-18B, sec. II(a), adopted 11/18/08; Ordinance 08-11-18B, sec. II(b), adopted 11/18/08; Ordinance 2019-21, sec. II, adopted 3/19/19; Ordinance 2021-36, sec. XIX, adopted 9/21/21)

§ 14.02.419 Zone 16 Lake Areas and LA Lake Area.

Objectives of zone.

Ensure that development on Lake LBJ and its waterways in the city limits occurs in a manner that is consistent with the uses that normally occur on the recreational lakes;

Ensure development does not adversely affect the ecology, scenic values or navigability of Lake LBJ or its waterways; and

Provide limitations on the types of boat docks that can be located over the lake.

Provide standards intended to prevent any use or development within the zone which will have any negative effects on the lake’s quality while encouraging recreational use of the lake, which adds to its usability and attractiveness.

The following provisions shall be applicable to all land within Zone 16 to be permanently classified as LA Lake Area:

Permitted uses.

Boat docks without any type of living area above the dock, including an outdoor fireplace, indoor or outdoor kitchen, and living quarters, not to exceed fifteen (15) feet in height, unless attached to the existing residence and on an area recessed into the land, where they can be the same height as the residence.

Boathouses as defined in this article shall not have any temporary or permanent walled and/or roofed enclosures above any first level roof over the slip. Except for zone 7 peninsula, the boathouse may not exceed fifteen (15) feet in height from the walk or pier to the peak of the roof or the top of the handrail if a deck is located on top of the boathouse. Boathouses located underneath a part of the house with living quarters above are considered a part of the residential structure. A boathouse shall not be permitted on or contiguous to a lot without a residential building.

Jet ski ramps.

Seawalls or retaining walls.

Swimming areas.

Boat slips, provided that no boat slips shall be permitted on or contiguous to a lot without a residential building.

Day docks.

Other uses similar to those listed in this section.

Prohibited uses.

Boat houses taller than fifteen (15) feet in height.

Boat docks with any type of living area above the dock, including an outdoor fireplace, indoor or outdoor kitchen, and living quarters.

Any use that will cause a nuisance because of noise, odor, or waste discharges.

Minimum lot dimensions.

Area (minimum): Subject to approval.

Depth (minimum ft.): Subject to approval.

Width (minimum ft.): Subject to approval.

Lot coverage (maximum percentage): Subject to approval.

(Ordinance 10-04-20C, sec. (c), adopted 4/20/10; Ordinance 10-06-15A, sec. V, adopted 6/15/10; Ordinance 16-09-20I, sec. a, adopted. 9/20/16; Ordinance 16-09-20I, sec. b, adopted. 9/20/16)

§ 14.02.420 Zone 17 The Hills.

(See section 14.02.402, standards applicable to all property in all zones.)

The following provisions shall be applicable to all land within zone 17 classified as RR Rural Residential.

No business or professional service of any nature shall be conducted on any tract. No buildings or structure intended for or adapted to business or professional purposes, and no apartment house, double house, flat building, lodginghouse, roominghouse, hotel, hospital or sanitarium shall be erected, placed, permitted or maintained on any tract. No room or rooms in any dwelling nor any accessory building, or any part thereof, may be rented or leased to others.

No air-conditioning condensing unit and fan, evaporative cooler or other object, which is unsightly, shall be placed upon or above the roof of any dwelling or other building unless architecturally concealed from view as reflected in the plans submitted.

No propane or other tank used for storage of gas or liquids for fuel shall be placed on any tract unless the same is architecturally concealed from view. In the event natural gas is made available to any tract, then the owner thereof shall properly connect with the source of natural gas and discontinue the use of propane gas.

No subdivision of the tracts shall be permitted.

No building, structure, wall, fence, garage, carport, accessory building or landscaping shall be maintained on any tract in such a manner as in the opinion of the board may obstruct traffic sight lines and/or create traffic hazards.

All driveways shall have minimum width of ten (10) feet and meet all minimum standards for driveway construction as specified by the board. Where driveway access enters any street or road at points where landscaping, boundary structures or other visual barriers are located which may create a potential traffic hazard, such driveway access shall be installed and maintained so as to provide adequate sight lines from the vehicle onto such street or road.

No mobile home, trailer of any kind, RV or boat shall be kept, placed or maintained on any tract except in a carport, garage or in an outside storage area screened from view from streets and roads. None of these structures shall be used for occupancy either temporarily or permanently. A mobile home or a trailer may be used temporarily for storage of materials during construction, and shall be removed promptly after construction is completed.

Uses permitted.

A single-family dwelling, including an attached carport or garage;

Accessory structures, including: (i) one structure for farming and/or ranching purposes provided the total square footage of the structure (excluding casita) does not exceed two (2) times the square footage of the authorized or completed (whichever is greater) dwelling on said tract, excluding the carport or garage; (ii) one attached or detached casita per tract provided such casita shall not exceed one-half (1/2) of the square footage of the authorized or completed (whichever is greater) dwelling on said tract. In addition, the accessory structures may include one or more covered semi-enclosed areas or sheds not exceeding in the aggregate two (2) times the area of the carport or garage attached to the dwelling.

Maximum building height.

Thirty (30) feet above the lowest elevation beneath the structure to the highest point of the roof or any projection.

Minimum yard requirements.

Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:

Front yard setback shall conform to a minimum depth of fifty (50) feet from the front lot line or edge of the road pavement, whichever is greater, to the nearest projection of any portion of the dwelling or accessory structure.

Side yard setbacks shall be twenty-five (25) feet from each side property line. Corner lots shall conform to a minimum depth of fifty (50) feet from the side property line or edge of the road pavement, whichever is greater.

Except as provided below, rear yard setbacks shall be at least twenty-five (25) feet from the rear lot line to the nearest building line.

Minimum dwelling size.

All primary dwellings shall require not less than twelve hundred (1,200) square feet of living area measured from the outside walls of the principal dwelling. Should the dwelling be more than one (1) story in height, the ground floor living area of such dwelling shall not be less than one thousand (1,000) square feet.

Parking.

Each developed tract shall contain sufficient parking space for at least two (2) automobiles by one of the following means:

A garage or carport either attached to or detached from the dwelling; or

An exterior parking area screened from view of adjacent lots.

Property being rezoned.

The RR rural residential zoning provisions apply to the following property - for those tracts or lots that are vacant and when annexed were zoned A-1 recreational in zone 3 Horseshoe Bay West are hereby zoned RR rural residential, and for those tracts or lots that are developed and when annexed were zoned R-1 single-family residential in zone 3 Horseshoe Bay West are hereby zoned RR rural residential:

(3.29 Acres), Llano County Property ID 50056 - as more fully described in deed recorded in volume 1176, page 38, official public records of Llano County, Texas

(0.19 Acres), Llano County Property ID 50057 - as more fully described in deed recorded in volume 1176, page 38, official public Records of Llano County, Texas

(2.599 Acres), Llano County Property ID 5312 - as more fully described in deed recorded in volume 1376, page 942, official public records of Llano County, Texas

(0.5 Acres), Llano County Property ID 5261 - Tract 2 (3.304 Acres), Llano County Property ID 5108 - Tract 1 (10.962 Acres), Llano County Property ID 10215 - Tract 28 (12.47 Acres), Llano County Property ID 52008 - Tract 3 (8.05 Acres), Llano County Property ID 5651 - Tract 4

(2.0 Acres), Llano County Property ID 5738 - Tract 5

(19.114 Acres), Llano County Property ID 5816 - Tract 6 through 9 (0.5 Acres), Llano County Property ID 6103 - Tract 8

(4.984 Acres), Llano County Property ID 6277 - Tract 10 (4.968 Acres), Llano County Property ID 7749 - Tract 11 (4.926 Acres), Llano County Property ID 7888 - Tract 12 (4.885 Acres), Llano County Property ID 7988 - Tract 13 (7.59 Acres), Llano County Property ID 8096 - Tract 14 (9.537 Acres), Llano County Property ID 8199 - Tract 15 (19.59 Acres), Llano County Property ID 8339 - Tract 16 (12.469 Acres), Llano County Property ID 8427 - Tract 17 (5.512 Acres), Llano County Property ID 8515 - Tract 18 (5.02 Acres), Llano County Property ID 8596 - Tract 19 (5.0 Acres), Llano County Property ID 52233 - Tract 26 (5.0 Acres), Llano County Property ID 10153 - Tract 27

(9.39 Acres), Llano County Property ID 6018 - Lot 8 (5.98 Acres), Llano County Property ID 6129 - Lot 9 (7.62 Acres), Llano County Property ID 6233 - Lot 10 (5.69 Acres), Llano County Property ID 7707 - Lot 11 (6.13 Acres), Llano County Property ID 7845 - Lot 12 (5.0 Acres), Llano County Property ID 7952 - Lot 13 (5.0 Acres), Llano County Property ID 8055 - Lot 14 (5.0 Acres), Llano County Property ID 68303 - Lot 15 (0.47 Acres), Llano County Property ID 8162 - Lot 15 (5.02 Acres), Llano County Property ID 5063 - Lot 1 (5.798 Acres), Llano County Property ID 6249 - Lot 10 (5.92 Acres), Llano County Property ID 7721 - Lot 11 (6.75 Acres), Llano County Property ID 7858 - Lot 12 (8.87 Acres), Llano County Property ID 64874 - Lot 13 (0.5 Acres), Llano County Property ID 7966 - Lot 13 (0.5 Acres), Llano County Property ID 8069 - Lot 14 (6.93 Acres), Llano County Property ID 65887 - Lot 14 (8.99 Acres), Llano County Property ID 8180 - Lot 15 (6.82 Acres), Llano County Property ID 8313 - Lot 16 (5.05 Acres), Llano County Property ID 8409 - Lot 17 (5.0 Acres), Llano County Property ID 8494 - Lot 18 (5.03 Acres), Llano County Property ID 8579 - Lot 19 (10.02 Acres), Llano County Property ID 9712 - Lot 22 (8.12 Acres), Llano County Property ID 9799 - Lot 23

(7.493 Acres), Llano County Property ID 69813/69814 - Lot 3 (7.493 Acres), Llano County Property ID 5370 - Lot 3

(10.88 Acres), Llano County Property ID 5494 - Lot 4 (8.23 Acres), Llano County Property ID 5616 - Lot 5 (5.05 Acres), Llano County Property ID 5783 - Lot 6 (6.12 Acres), Llano County Property ID 5906 - Lot 7 (5.05 Acres), Llano County Property ID 6033 - Lot 8 (5.17 Acres), Llano County Property ID 6144 - Lot 9 (0.5 Acres), Llano County Property ID 5230 - Lot 2

(10.46 Acres), Llano County Property ID 67523 - as more fully described in deed recorded in volume 1346, page 875, official records of Llano County, Texas

(0.5 Acres), Llano County Property ID 9614 - Lots 20 and 21

(16.68 Acres), Llano County Property ID 68701 - as more fully described in deed recorded in volume 738, page 271, official records of Llano County, Texas

(9.13 Acres), Llano County Property ID 32402 - Lot 24 (10.44 Acres), Llano County Property ID 32420 - Lot 25 (7.312 Acres), Llano County Property ID 32440 - Lot 26 (0.5 Acres), Llano County Property ID 32458 - Lot 27 (4.84 Acres), Llano County Property ID 32465 - Lot 27 (6.69 Acres), Llano County Property ID 32477 - Lot 28 (6.01 Acres), Llano County Property ID 32494 - Lot 29 (7.53 Acres), Llano County Property ID 32509 - Lot 30 (5.98 Acres), Llano County Property ID 32525 - Lot 31 (5.32 Acres), Llano County Property ID 32542 - Lot 32 (5.12 Acres), Llano County Property ID 32557 - Lot 33

(5.29 Acres), Llano County Property ID 27251 - Lot 36 (5.09 Acres), Llano County Property ID 32612 - Lot 37

(16.6 Acres), Llano County Property ID 32574 - Lots 34 and 35 (5.0 Acres), Llano County Property ID 27285 - Lot 38

(5.0 Acres), Llano County Property ID 27335 - Lot 41 (6.01 Acres), Llano County Property ID 27349 - Lot 42 (5.0 Acres), Llano County Property ID 27364 - Lot 43 (5.0 Acres), Llano County Property ID 27379 - Lot 44 (5.0 Acres), Llano County Property ID 27405 - Lot 46 (5.0 Acres), Llano County Property ID 27303 - Lot 39 (5.0 Acres), Llano County Property ID 27317 - Lot 40 (5.0 Acres), Llano County Property ID 27392 - Lot 45

(1.14 Acres), Llano County Property ID 55559 - as more fully described in deed recorded in volume 1281, page 305, official public records of Llano County, Texas

(1.42 Acres), Llano County Property ID 50055 - as more fully described in deed recorded in volume 1176, page 0038, official public records of Llano County, Texas

(0.190 Acres), Llano County Property ID 50057- as more fully described in deed recorded in volume 1176, page 0038, official public records of Llano County, Texas

(4.998 Acres), Llano County Property ID 8675 - as more fully described in deed recorded in volume 360, page 140, official public records of Llano County, Texas

(5,0 Acres), Llano County Property ID 10153 - as more fully described in deed recorded in volume 1542, page 4132, official public records of Llano County, Texas

(Ordinance 16-09-20H, sec. b, adopted 9/20/16; Ordinance 2019-21, sec. IV, adopted 3/19/19; Ordinance 2021-17, secs. II, XXXII–XXXIV, adopted 5/18/21; Ordinance 2021-36, sec. XX, adopted 9/21/21)

§ 14.02.421 Zone 18 The Parks at Horseshoe Bay.

Applicable regulations.

Zoning and subdivision regulations.

The property shall be regulated for purposes of zoning and subdivision by the city’s zoning and subdivision ordinances. Particular zoning classifications are set forth in this PD section. Where a general zoning item is not specifically addressed in this PD section but is addressed by the city’s article 14.02 zoning ordinance, the city’s article 14.02 zoning ordinance shall control. In the event of any conflict between this PD section and the city’s article 14.02 zoning ordinance, this PD section shall control. In the event of any conflict between this PD section and the city’s article 10.03 subdivision ordinance, this PD section shall control.

Applicability of other regulations.

In the event of a conflict between this PD section and any other city ordinance, resolution, plan or policy that is applicable to the property, (A) this PD section shall control; and (B) such other ordinances, resolutions, plans, policies are deemed to be amended to the extent necessary to eliminate conflict as to the property. Notwithstanding the foregoing, development of the property shall be subject to ordinances that the city is required by state or federal law to adopt and apply uniformly to all property within its corporate limits, regardless of whether such ordinances conflict with this PD section.

Alternate transportation devices

Definitions.

means devices such as scooters, golf carts or alternate vehicles, and including any device whether powered by electricity, gas, petroleum products, human or other power. Alternative transportation devices shall be permitted on all public and private streets with posted limits of 30 miles per hour or less within the property as may be permitted by state statute.

City inspector

means the individual, or his/her designee, whether an employee of or contracted by the city to perform such services, with responsibility to review and approve construction plans for development projects. He/she is also responsible for overseeing the construction of the development to ensure that it meets the requirements of the project design standards.

Declarant

means Midcom Management, LLC and Midcom Management #2, LLC. The terms “subdivider” and “declarant” are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation (or combination thereof), and/or any officer, agent, employee, servant and trustee thereof who performs or participates in the performance of any act towards the subdivision of land within the intent, scope and purview of this PD section . The declarant shall also be defined as the builder if he or she is responsible for the construction of buildings and/or other structures of permanent improvements.

PD concept plan

establishes the general guidelines for the PD zone by identifying the proposed land uses and intensities, thoroughfare locations, and open space boundaries and illustrates the integration of these elements into a master plan for the entire PD zone.

PD zone

means a planned development zone under the city’s article 14.02 zoning ordinance.

Phase 1

means those tracts in designation a as indicated on exhibit “B” [attached to Ordinance 2017-07] and detailed in the phasing legend.

Project

means the mixed-use development, which will include recreational, commercial, retail, and unknown future land uses, known as The Parks at Horseshoe Bay. Existing developments within the outer boundary of the project include a vet clinic on a 4.22 acre tract as well as assisted living and memory care facilities on an approximately 2.05 acre tract.

Project design standards

means the design standards for construction set forth herein as exhibit “C” [attached to Ordinance 2017-07].

Property

means the approximately 113.852 acres of land which is owned by declarant (107.58 acres) and Garrett Craig an existing veterinary clinic (4.22 acres) and LLVI, LP an assisted living and memory care facility (2.05 acres) incorporated into the Project and currently located within the corporate boundaries of the city and more fully described in exhibit “A” attached to [Ordinance 2017-07] and incorporated herein and is intended to be developed as the project.

Regulations

means the city’s zoning and subdivision development regulations as may be modified by the terms of this PD section.

Screening wall

means a solid opaque wall, constructed of rock, stone, brick, stucco or other masonry materials or a landscape berm approved by the city, not less than a six foot average in height measured at the highest finished grade, and designed by a licensed engineer and constructed in accordance with the project design standards.

Zone 18 generally; standards.

The following provisions shall be applicable to all land within zone 18 regardless of classification and the restrictions and standards described in section 14.02.402 of the city’s zoning ordinance are hereby amended and restated as follows:

Roof:

No air-conditioning unit or evaporative cooler shall be placed upon or above the roof of any dwelling or other building except and unless the same is architecturally concealed from view.

Gas tanks:

Fences:

No fence or wall exceeding seven feet (7') in height shall be built on any lot unless specifically required by state law for protection of utility infrastructure.

Utilities:

All utilities and utility service on all lots shall be installed underground and no above-surface utility wires will be installed on any lot outside any structure except for wires for any satellite dishes, broadband radio antennas, weather instruments, security devices, lightening arrestors, grounding rods, except as otherwise provided on any approved plat or plats filed of record covering such lot or as currently in place for property fronting RM 2147 and as permitted by Pedernales Electric.

Sewer system:

Drainage:

Drainage structures shall always have a net drainage opening area within ponds or streams of sufficient size to permit free flow of water in accordance with the requirements of LCRA Highland Lakes Watershed Ordinance, as amended.

Parking:

The owner of any lot shall provide appropriate paved space for off-street parking for the uses on the lot.

No motor vehicles, mobile homes, boats or recreational vehicles may be driven or parked in any yard or common areas, the common maintenance areas or on any easement unless such motor vehicle, mobile home or recreational vehicle is in use for maintaining such area or easement. No boat and/or boat trailer, motorcycle, or recreational vehicle shall be permitted to remain overnight on any property, street or driveway exposed to public view.

Easements:

No drilling:

In relation to oil, gas, and minerals, no mining, exploring, drilling, development, refining, quarrying, or other operations of a related nature shall be upon or in any lot.

Commercial vehicle:

No commercial vehicle will be parked on any street, right-of-way, or lot except within an enclosed structure which prevents such view thereof from adjacent lots and streets, unless such vehicle is temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity or the loading or unloading of its cargo. No vehicle of any size which normally transports inflammatory, explosive, or otherwise hazardous cargo may be kept at any time, except where such vehicle is temporarily delivering, loading or unloading its cargo.

Electrical power:

Subject to declarant’s receipt of any temporary use permit from the city for which a conditional use permit is required, no source of electrical energy will be brought to any lot or used upon any lot unless and until the city has issued a building permit for the erection of the permanent improvements to be located on said lot.

Occupancy of structures:

Subject to any temporary use permit issued by the city to the declarant for any temporary structures for which a conditional use permit is required, no structure will be occupied or used for the purpose for which it is designed or built or for any other purpose until a certificate of occupancy is approved by the city.

New construction:

Subject to any temporary use permit issued by the city to the declarant for any temporary structures for which a conditional use permit is required, construction of new buildings only shall be permitted on lots within zone 18, it being the intent of this provision to prohibit the moving of any existing building or structure onto any lot and remodeling or converting same into use; provided however, the foregoing shall not be construed as prohibiting remodeling of, or construction of additions to, existing buildings that previously have been constructed. Mobile homes, manufactured housing, and all similar housing units are expressly prohibited.

Roofing materials:

Only roofing materials which are fire-proof and are of high grade and quality and which are consistent with the exterior design, color and appearance of other improvements shall be allowed such as tile, cement, and standing seam metal. No visible flat roofs and/or visible tar and gravel roofs shall be permitted on any building or structure constructed on any lot.

(15)

Driveways:

No lots shall have more than two (2) points of ingress/egress for vehicles and such points must connect to the street along such lot’s front lot line.

(16)

Floodplain easement:

No construction of any improvements shall be permitted in the area of a lot designated on an approved plat as “floodplain easement.” The public shall be entitled to access in all such easements for the purpose of utilizing hiking and jogging trails located thereon.

(17)

Signage:

All signage shall comply with the city’s sign ordinance.

(18)

Streets and roadways:

Prior to the city’s issuance of any building permits, the Project must comply with any and all Texas Department of Transportation requirements relating to the approval of curb cuts on to Highway 71 and/or RR 2147.

(19)

Exteriors:

All structures must have exterior walls of at least one hundred (100%) masonry on the surface of the walls excluding door frames and window frames. No vinyl or similar material, plywood, pressboard, or particle board shall be used on any exterior wall or any structure.

Zone 18 land use classifications.

C-2 commercial.

The following provisions shall be applicable to all land within zone 18 classified as C-2 commercial:

Uses permitted.

Reserved;

Public agency facilities and structures;

Restaurants, tea rooms and cafes, including those offering on- and off-premises sale of alcoholic beverages, where the law provides;

Theaters and auditoriums (except for drive-in theaters);

Bed and breakfast;

Assisted living facilities including rehabilitation center or long-term acute care center;

Office, professional and general businesses;

Medical facilities;

Veterinary clinic, only 1 is allowed within the development;

Health clubs, health spas, exercise/fitness centers;

(xi)

Accessory structures to be located on the same lot as may be reasonably necessary and appropriate.

Architectural controls.

The following provisions shall be applicable to all land within zone 18 classified as commercial (C-2):

Maximum building height.

The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot; provided, however, no structures shall exceed three stories in height.

Maximum area of building cover.

Building area shall not exceed fifty percent (50%) of the area of the lot.

Lighting.

Street and parking lot lighting shall be subject to the standards established in chapter 3 article 3.07 outdoor lighting in the City’s Code of Ordinances.

No lighting shall project across the property line or into adjacent roadways.

Area of building.

Notwithstanding uses permitted herein, the ground floor of a building or structure shall not exceed ten thousand (10,000) square feet or be less than three thousand (3,000) square feet. Building area shall not exceed fifty percent (50%) of the area of the lot.

Landscaping.

Provision of landscaping between parking areas and the main access areas, except for access driveways. All parking lots must be landscaped. All landscaping must be protected from vehicular damage by either wheel stops or curbs. (See diagram 1 for example.)

Diagram 1. Parking Lot Landscape Standards

Landscaped areas shall be provided at all driveway entrances and landscape islands after every 10th parking stall.

Low lying shrubs (less than 2 ft. in height) shall be used when placed in a vision triangle.

Visual relief screen shall be provided to break up the visual expanse of the parking lot near streets and along property lines.

Landscape islands shall be a minimum of 9' wide and 15' long.

Endcap islands shall be a minimum of 9' wide and 30' long.

Continuous buffer landscaping shall be provided when abutting residential uses.

Landscaping is an essential element of the master plan for the project. Each site development plan submitted to the city shall include the installation and placement of appropriate landscaping. Each lot on which a building is constructed shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to preserve and maintain the landscaping in a healthy and attractive condition to front and side yard areas situated outside fences or walls. Preservation of existing vegetation in addition to the introduction of plants native to the Project shall be considered in establishing the landscaping.

Spacing.

Commercial structures, excluding accessory structures, shall be spaced a minimum of thirty (30) feet apart.

Parking.

A minimum of one (1) parking space per 250 square feet of net rentable space is required. All required parking spaces are to be 10 feet wide by 20 feet long.

Comply with all city building and construction ordinances and regulations.

Exterior walls.

All buildings or structures must have exterior walls of one hundred percent (100%) masonry which consists of stone or stucco covering on the total of all exterior walls. No vinyl, plywood, pressboard, particle board, or similar type of material shall be used on any exterior wall or any structure.

Minimum setback distances.

Minimum setback distances from perimeter property lines are as follows:

Front 25 ft. (unless otherwise specified by plat).

Side 10 ft. (unless otherwise specified by plat).

Rear 20 ft. (unless otherwise specified by plat).[1]

[1]

Original has this as Subsection (ii).

Hours of operation.

Bed and breakfast, medical and long-term care facilities in this district shall be allowed to operate 24 hours a day seven days a week.

Texas Accessibilities Standard:

As to any buildings within C-2 classification which are commercial facilities open to the public, the owner of such buildings shall confirm that such construction plans have been certified as to their compliance with the Texas Accessibilities Standard requirements and registered with the Texas Department of Licensing and Registration (TDLR). An inspector certified by TDLR shall conduct a final compliance inspection of the building and such expense shall be borne by the owner of such building.

Conditional uses.

The following uses shall require approval of a conditional use permit, in accordance with Part VIII Conditional Use Permits (CUPs) of this article.

A bar as defined in section 14.02.002 of this article

Multifamily residential

Personal storage building

Convenience store with a maximum of 8 gas pumps

Wireless communications tower

Contractor’s office - no outside storage

Self-service storage units

Research lab - non-hazardous

Community garden less than 1 acre

Farmer’s market less than 1 acre

Green plaza/park

Pavilion

Dog/animal park

Biking center

Kiosk

Church

Library

Amphitheater

Office/warehouse

Temporary real estate sales office for new development

A-1 Recreational.

Uses permitted:

Tennis courts, related facilities or clubhouses;

Swimming pools, related facilities or clubhouses;

Parks;

Accessory structures and uses incidental to the foregoing[;]

Minimum lot dimensions:

Area (minimum) subject to approval

Depth (minimum) subject to approval

Width (minimum) subject to approval

Lot coverage (percentage) subject to approval

Minimum building setbacks:

Street: 25

Side: 10' except a minimum of 40' for any side(s) that adjoin residential classifications

Rear: 20'

Texas Accessibilities Standard.

As to any buildings within A-1 classification which are commercial facilities open to the public, the owner shall confirm that such construction plans have been certified as to their compliance with the Texas Accessibilities Standard requirements and registered with the Texas Department of Licensing and Registration (TDLR). An inspector certified by TDLR shall conduct a final compliance inspection of the building, and such expense shall be borne by the owner of such building.

DR Development reserve.

This land is being held for future rezoning and development, and any plans for any DR zoned tract will first need to be reviewed by the planning and zoning commission and approved by the city council as an amendment to this PD section.